Azov Film Production
 

A list of current defendants.

1. Joseph Monroe WilsonArrested: Jul 26, 2012
Age: 43
Residence: Dallas, Georgia, and Villa Rica, Georgia, now of Spartanburg, South Carolina
Occupation: Teacher
Contact with children: elementary school teacher; was in process of adopting a 7 year old boy.
Criminal record involving children: None
Complaints about behavior with children arising from current investigation: None
Other complaints about propriety with children: None
Other criminal or discipline record: None stated
Community evaluation: not known
Non-Azov bycatch: “a large portrait of a young, naked boy hidden in Wilson’s closet and numerous images of child erotica and child pornography* on Wilson’s home computer.”
Description of seized material substantiating a violation of Title 18 U.S.C. § 2256(2): None stated.
*usage of ‘child pornography’ here is difficult to interpret since the non-sexual Azov naturist materials are also referred to as such. The nude portrait (painting?) of a child is not ipso facto pornographic in U.S. law regardless of its size.

Reference: www.justice.gov/usao/gan/press/2012/07-30-12.html
Lawyer: Howard Jay Manchel, mwkatlanta.com/
Status: apparent state-rape with only rumors of by-catch of conventional child pornography.

Update: Counsel's 'Motion to suppress' (a repudiation of the legal basis for search on Wilson and his home and equipment) is online here(url: https://docs.google....va00/edit?pli=1 )

2. Dr. Richard Keller

Arrested: Sept. 13, 2012
Age: 56
Residence: Andover, Massachusetts
Occupation: Specialist Physician (pediatric endocrinology)
Contact with children: pediatrics; had worked as counsellor at a private high school; had been Big Brother to five boys.
Criminal record involving children: None
Complaints about behavior with children arising from current investigation: None
Other complaints about propriety with children: None
Other criminal or discipline record: reprimanded by Phillips Academy, Andover, for viewing adult pornography in private on a school computer
Community evaluation: highly positive student comments on ratemyteachers.com
Best known in the scientific community for his research in the late 1980s and early 1990s on efforts to prevent the cellular immune system from reacting against insulin in persons at risk of type I diabetes. www.ncbi.nlm.nih.gov/pubmed?term=Keller%20RJ%5BAuthor%5D%20boston
connects.catalyst.harvard.edu/profiles/profile/person/12311

Non-Azov bycatch: Count of DVDs seized exceeds count stated as ordered from Azov, but no details given about seized material. Seized DVDs ordered from Azov included mainstream movies, including Academy Award winner ‘Pelle the Conqueror.’ These appear to be included in the count of ‘child pornography’ recordings cited in the affidavit.
Description of seized material substantiating a violation of Title 18 U.S.C. § 2256(2): None stated.
Reference: www.huffingtonpost.com/2012/09/14/richard-keller-child-porn-arrest-boston_n_1881815.html

www.dailymail.co.uk/news/article-2202887/Harvard-pediatrics-director-Richard-Keller-arrested-police-100-DVDs-500-images-child-porn-home.html

www.boston.com/whitecoatnotes/2012/09/13/boston-children-pediatrician-and-former-medical-director-phillips-academy-andover-charged-with-receiving-child-pornography/KWe8VPEHe8M05CWPnalNaM/story.html

bostonglobe.com/lifestyle/health-wellness/2012/09/14/richard-keller-was-reprimanded-for-viewing-adult-porn-phillips-academy-computer-head-school-says/q6qr0nAMM6MitkpNfur6pM/story.html

www.boston.com/whitecoatnotes/2012/09/18/hearing-scheduled-friday-detainment-richard-keller/1jqmqvb0em9kUs43p7qz0L/story.html

www.necn.com/09/13/12/New-details-emerge-in-child-pornography-/landing.html?blockID=772991

www.bostonglobe.com/lifestyle/health-wellness/2012/09/27/jewish-big-brothers-big-sisters-greater-boston-notifies-families-that-doctor-accused-receiving-child-porn-was-volunteer/YleJTtVhi3G3810WQIU3yI/story.html

www.boychat.org/messages/1318705.htm (open letter to Chelsea Conaboy, reporter, Boston Globe)

www.ratemyteachers.com/richard-keller/244898-t

Affidavit online: msnbcmedia.msn.com/i/msnbc/sections/news/keller-affidavit.pdf
Lawyer: Max D. Stern
http://www.sswg.com/contact.htm
Stern Shapiro Weissberg & Garin LLP
90 Canal Street
Boston, MA, 02114-2022
Tel: 617-742-5800
Fax: 617-742-5858
E-mail: sswg@sswg.com

Status: state-rape accompanied by mere innuendo suggesting possibility of by-catch of conventional child pornography.


3. William S. ThomasArrested: Sept. 20, 2012
Age: 64
Residence: Andover, Massachusetts
Occupation: Registered Nurse
Contact with children: None stated.
Criminal record involving children: None
Complaints about behavior with children arising from current investigation: None
Other complaints about propriety with children: None
Other criminal or discipline record: None known
Community evaluation: Not stated
Non-Azov bycatch: 18 Azov orders; 200 CDs and DVDs found.
Description of seized material substantiating a violation of Title 18 U.S.C. § 2256(2): None stated; however, note police rumor in press release – “Thomas stated he stored (one) DVD (under his mattress) due to the lascivious nature of its content.” The affidavit stated that the DVD was an Azov product entitled 'Raw Rewind Vol. 2' - which as with all Azov products had been edited with an eye to compliance with legal proscriptions against lascivious content.

Reference: www.bostonherald.com/news/regional/view/20220921another_andover_man_faces_child_porn_charges/

www.eagletribune.com/local/x964640161/Movie-house-probe-led-to-2-Andover-child-porn-arrests/print

Affidavit online: None known.
Lawyer: Philip G. Cormier, www.goodcormier.com/
Status: apparent state-rape with only rumors of by-catch of conventional child pornography.

4. Edward F. CousensArrested: Sept. 25, 2012
Age: 66
Residence: Holbrook, Massachusetts
Occupation: Accountant
Contact with children: part time accountant at a Children’s Services Center – contact with children not explicitly stated. Was a Big Brother in the past to ‘several adolescent boys.’
Criminal record involving children: None
Complaints about behavior with children arising from current investigation: None
Other complaints about propriety with children: None
Other criminal or discipline record: None stated.
Community evaluation: Not known.
Non-Azov bycatch: None.
Description of seized material substantiating a violation of Title 18 U.S.C. § 2256 (2): None.

Reference: www.justice.gov/usao/ma/news/2012/September/CousensEdwardcomplaint.html

www.patriotledger.com/topstories/x383193846/Holbrook-man-accused-of-buying-child-porn-DVDs

Affidavit online: Not known.
Lawyer: Not known.
Status: state-rape victim.

5. Gerald SilvaArrested: Sept. 27, 2012
Age: 57
Residence: Coventry, Rhode Island
Occupation: Rhode Island state probation officer assigned to the sex offender unit.
Contact with children: None stated.
Criminal record involving children: None
Complaints about behavior with children arising from current investigation: None
Other complaints about propriety with children: None
Other criminal or discipline record: None known
Community evaluation: Not known
Non-Azov bycatch: None
Description of seized material substantiating a violation of Title 18 U.S.C. § 2256(2): None. Material described in affidavit as ordered from Azov, and presumably included in the seizure count, included not only naturist dvds but also the award-winning movies Kes (www.imdb.com/title/tt0064541/) (“A young, English working-class boy spends his free time caring for and training his pet falcon” and “Before the Storm” (www.imdb.com/title/tt0251091/) (“12-year-old Leo is bullied by two older guys in school. In the end, he loses patience and broods on revenge...")

Reference: www.justice.gov/usao/ri/news/2012/sept2012/silva.html

news.providencejournal.com/breaking-news/2012/09/state-probation-officer-assigned-to-sex-offenders-is-charged-with-buying-ch.html

Affidavit online: Not known; we have a copy.
Lawyer: Robert B. Mann
Mann & Mitchell
1 Turks Head Building
Suite 610
Providence, RI 02903
351-5770
521-4305 (fax)
rmann@conversent.net

Status: State-rape victim.


6. Gerald Denault

Arrested: Oct. 3, 2012
Age: 45
Residence: Mansfield, Massachusetts
Occupation: Not stated.
Contact with children: None stated; likely none, in light of record below.
Criminal record involving children: in 2007, convicted of indecent assault and battery on a person under 14, sentenced to three years of probation. Level 2 sex offender rated at moderate risk to reoffend. Downloaded child pornography while on probation.
Complaints about behavior with children arising from current investigation: None.
Other complaints about propriety with children: None; only 2007 case mentioned above.
Other criminal or discipline record: 2009, “pleaded guilty to drunken driving and leaving the scene of an accident for hitting a fire hydrant near his home.”
Community evaluation: Not stated.
Non-Azov bycatch: admitted accessing child pornography websites; diverse pornographic files found on computer, “some with images of (boys) engaged in sexually explicit conduct.”
Description of seized material substantiating a violation of Title 18 U.S.C. § 2256(2): sexually explicit conduct seen in some non-Azov downloads

Reference: mansfield-ma.patch.com/articles/mansfield-man-charged-with-child-pornography

www.justice.gov/usao/ma/news/2012/October/DeneaultGeraldPR.html

www.thesunchronicle.com/news/local_news/feds-in-child-porn-arrest/article_e8bcabdf-0ee8-5c17-9a2f-22e3f70a7b79.html

www.wickedlocal.com/mansfield/news/x1784017664/Mansfield-registered-sex-offender-arrested-on-child-porn-charges

Affidavit online: Not known; we have a copy obtained via Pacer system.
Lawyer: Not known.
Status: Genuine basis for child pornography arrest though arguably not for search warrant.


7. Sgt. Phillip Woolery Arrested: Oct. 9, 2012
Age: 46
Residence: Crowley, Texas
Occupation: Policeman, sergeant, 17 year veteran
Contact with children: single father; child (sex, age not stated) seized by Child Protective Services
Criminal record involving children: None
Complaints about behavior with children arising from current investigation: None
Other complaints about propriety with children: None
Other criminal or discipline record: None known
Community evaluation: Not stated
Non-Azov bycatch: None
Description of seized material substantiating a violation of Title 18 U.S.C. § 2256(2): None, though affidavit by US Postal Inspection Service Special Agent Brody Burns notes that a camera positioned at the end of an air mattress on which boys were wrestling caught "various close-ups of the boys' genitals and anus(es) ... as they do somersaults and flips towards the camera." If this description is accurate, incidental, transient close-ups taken by a closely situated, fixed camera are borderline with Title 18 U.S.C. § 2256(2), if the Dost Test criterion 1 is followed: "Whether the focal point of the visual depiction is on the child's genitalia or pubic area." Also the boys' act of exploding "a tube of graffiti" (sic - a malapropism for some sort of substance? confetti?) over one another and "continu(ing) to throw the graffiti over each other, gathering it at their genitals," in Burns' opinion, "did not appear natural or as part of an average experience in a boy's day." Our opinion is that having a chance to make a big mess throwing messy materials at one another is by no means unnatural for boys - though permission to do it is uncommon, making it a celebratory experience rather than an 'average' experience - and when done, it is enjoyed without any erotic overtones. In any case, an interpretation of these aspects of a video showing non-erotic wrestling and non-erotic, playful hi-jinks as 'lascivious exhibition' is not something a citizen could reasonably have anticipated, even if aware of existing legislation (which was posted in full at the Azov Films website). Woolery had ordered only a single DVD set. He had no way of previewing the contents to double-check on compliance with the law. He may have been obliged to report a discernible case of law-breaking, but surely with a marginal case just on the legal side, the prudent course was simply not to order more.

Reference: crimeblog.dallasnews.com/2012/10/grapevine-police-officer-charged-with-receiving-child-pornography.html/

privateofficerbreakingnews.blogspot.com/

Affidavit online: www.scribd.com/doc/109612120/Phillip-Woolery-Filed-Complaint
Lawyer: William Reagan Wynn www.kearneywynn.com/
Status: State-rape victim; his child also harmed by the state (no abuse charges filed against Woolery; apparently, he was not harming child.)

8. Harry Hopper Jr. Arrested: Sept. 27, 2012
Age: Not stated
Residence: Tecumseh, Oklahoma
Occupation: Not stated
Contact with children: None stated, but lives within view of an elementary school. According to news reports, worked with troubled teens about 15 years ago with a youth crisis outreach program but did nothing inappropriate. Mother states he has “worked with youth for years.”
Criminal record involving children: None.
Complaints about behavior with children arising from current investigation: None.
Other complaints about propriety with children: None.
Other criminal or discipline record: None known.
Community evaluation: Strongly defended by family and reputation: "He's done many wonderful things and I just couldn't believe it. You know, ‘cause he has worked with youth for years," (his mother) Wanda Hopper said. "They've painted him as a terrible person and it's not true. We are here to tell him and the world that we love him and we don't believe any of these things about him that are being said." Hopper's attorney David Slane says, "All indications is that Mr. Hopper has been nothing but a model citizen, and we are going to wait to see what the evidence is, and then we will deal with it at that time."

Non-Azov bycatch: “investigators reported finding more than 100 pornographic images, DVDs, and drawings of boys as young as 10 years of age.” It is not stated whether the images and DVDs are all Azov materials or equivalent, hence not heretofore considered pornographic under Title 18 U.S.C. § 2256 (2). The nature of the drawings also is not clarified vis-à-vis erotic or sexual content. In any case, they were not transmitted and are unlikely to be considered illegal. “Police say they uncovered letters written by Hopper detailing his fantasies with young children.” Such private letters are definitely not illegal. There is no indication the letters were sent to anyone.

Description of seized material substantiating a violation of Title 18 U.S.C. § 2256 (2): Nothing substantiated.

Reference: www.newson6.com/story/19788768/concerns-raised-after-tecumseh-man-arrested-with-child-porn

www.news9.com/story/19809271/family-defends-tecumseh-man-charged-with-collecting-child-pornography?clienttype=printable

Affidavit online: Not known.
Lawyer: David Slane, website: david-slane-criminal-defense.com
901 NW 12th Street Oklahoma City, OK 73106-6803 405-319-1800

Status: state-rape accompanied by mere innuendo suggesting possibility of by-catch of conventional child pornography.

9. Joseph FinocchiaroArrested: Oct. 12, 2012
Age: 61
Residence: Bath, Maine
Occupation: Retired; previously school janitor
Contact with children: None stated. Website ‘Linked In’ lists a Joseph Finocchiaro of Bath, Maine, as an ‘instructor/custodian’ for a Portland, Me., baseball training school called ‘Edge Academy,’ cf. www.edgesportsmaine.com/
Criminal record involving children: None.
Complaints about behavior with children arising from current investigation: None.
Other complaints about propriety with children: None.
Other criminal or discipline record: Was retired early when found printing child erotica images, apparently not illegal, from computer owned by employer.
Community evaluation: None stated.
Non-Azov bycatch: “printed images of naked and partially naked children ranging in age from toddlers to about 15 years of age, … arranged in a collage” including one of a naked boy bent over double and looking through his legs. Finocchiaro also stated in police interview that he had looked online for images of youngsters in masturbatory poses; but no such images were stated as having been found.

Description of seized material substantiating a violation of Title 18 U.S.C. § 2256 (2): None stated. The bent-over boy mentioned in the affidavit was spun by affiant Scott W. Kelley, Postal Inspector, as “displaying is (sic) spread anus and his scrotum,” but the pose is not uncommon in youthful play in nudist areas.

Reference: bangordailynews.com/2012/10/12/news/portland/ex-school-janitor-arrested-on-child-pornography-charges/

www.linkedin.com/pub/joseph-finocchiaro/54/ab9/49a

Affidavit online: In two parts (both https ) :

docs.google.com/open?id=0B9hyw3-Boc65QlMyQkoyZU8xN1k

docs.google.com/open?id=0B9hyw3-Boc65b1QwWEkwWDAyYjA

Lawyer: DAVID R. BENEMAN
FEDERAL DEFENDER'S OFFICE
P.O. BOX 595
PORTLAND, ME 04112-0595
207-553-7070 ext. 101
207-553-7017 (fax)
David.Beneman@fd.org

Status: state-rape accompanied by mere innuendo suggesting possibility of by-catch of conventional child pornography

10. Gary Jefferson ByrdArrested: Sept. 24, 2012
Age: 70
Residence: Opelousas, Louisiana
Occupation: Retired; former child psychiatrist
Contact with children: None known
Criminal record involving children: accused 1987 of two counts of sexual battery with boys; charges were dropped; in 1993, tried and convicted for ‘receiving child pornography through the mail’ after entrapment via an elaborate ‘video catalog’ sting operation. At trial, was accused of having “inappropriate sexual contact with children in his care and (taking) nude photographs of children he spanked” but no charges were laid on this basis, despite the evidence of the photographs showing buttock reddening resulting from ‘disciplining’ of two foster children.
Complaints about behavior with children arising from current investigation: None
Other complaints about propriety with children: None known.
Other criminal or discipline record: None known.
Community evaluation: Not stated. One negative comment on news article.
Non-Azov bycatch: None mentioned.
Description of seized material substantiating a violation of Title 18 U.S.C. § 2256 (2): None mentioned

Reference: theadvocate.com/home/4134347-125/man-indicted-on-porn-charges

kpel965.com/the-feds-bust-opelousas-man-on-child-porn-charges/

www.boychat.org/messages/1320901.htm (brief report of conversation with lawyer McCann by ‘Will Robinson’)

mentalhealthcrimechronicle.wordpress.com/1992/12/14/december-14-1992-louisiana-psychiatrist-gary-j-byrd-convicted-of-receiving-child-pornography/

Affidavit online: Not known.
Lawyer: Randall P. McCann, Law Office of Randal P McCann (no website)
1005 Lafayette St --- Lafayette, LA 70501
Tel: 337-232-1255 --- Fax: 337-232-1268 --- Email: rpm@rpmlawfirm.com
Status: possible state-rape despite previous criminal record; may have been attempting to live within the law by ordering from ostensibly legal Azov site.

11. Loyd Jeffrey Hitt (spelling as given in press reports)

Arrested: Oct. 18, 2012
Age: 53
Residence: Birmingham, Alabama
Occupation: Art museum security guard
Contact with children: Volunteered with the youth group of his church.
Criminal record involving children: None
Complaints about behavior with children arising from current investigation: None
Other complaints about propriety with children: None
Other criminal or discipline record: None
Community evaluation: Not stated. No known problems.
Non-Azov bycatch: None stated. Stories state that “Investigators also found pornographic images of young boys on the home computer;” however, no information is given to suggest that these were not merely the computer’s automatically made cache files derived from Azov DVDs. Hitt had destroyed the DVDs themselves. This made it important for investigators to find evidence on the computer that he had watched them. They referred to the Azov DVDs themselves as ‘lewd and lascivious’ – a tendentious attempt at maximizing the prudish ‘spin’ being placed on the DVDs.
Description of seized material substantiating a violation of Title 18 U.S.C. § 2256 (2): Nothing substantiated

Reference: blog.al.com/spotnews/2012/10/longtime_birmingham_museum_of.html

blog.al.com/spotnews/2012/10/birmingham_museum_of_art_secur.html

Affidavit online: Not known.
Lawyer: Glennon F Threatt , Jr. --- Assistant Federal Public Defender
505 20th Street North, Suite 1425 --- Birmingham, AL 35203
Tel. 205-504-1642 --- Email: Glennon_Threatt@fd.org
Status: State-rape victim.


12. Nicholas G. SysockArrested: Oct. 23, 2012.
Age: 53
Residence: Rahway, New Jersey
Occupation: High school vice-principal
Contact with children: occupational. “worked as a middle-school history teacher in the 1990s, and even creating live American Civil War re-enactments on a field near Carteret Avenue for groups of rapt seventh graders.”
Criminal record involving children: None
Complaints about behavior with children arising from current investigation: None, though police mention an intention to check the contents of a ‘handwritten note,’ author not disclosed, found in his home.
Other complaints about propriety with children: None
Other criminal or discipline record: None stated.
Community evaluation: Carteret mayor Dan Reiman referred to the ordering of naturist DVDs as “predatory offenses which target the most innocent and vulnerable members of society, our children” and said that such offenses “are particularly heinous.”
Non-Azov bycatch: None stated.
Description of seized material substantiating a violation of Title 18 U.S.C. § 2256 (2): None. Newspaper accounts of “seven graphic descriptions of child pornography and sexually-charged activity” in the affidavit are merely hyperventilation about the Azov materials. The shocking ‘sexually charged activity’ as read from the affidavit (see link) consists mainly of repeated statements that “the boys are completely naked and their genitals are displayed to the camera.”

Reference: www.nj.com/middlesex/index.ssf/2012/10/carteret_high_school_vice_prin.html

www.mycentraljersey.com/article/20121024/NJNEWS14/310240028/Carteret-High-School-vice-principal-faces-child-porn-charge

Affidavit online: www.justice.gov/usao/nj/Press/files/pdffiles/2012/Sysock,%20Nicholas%20Complaint.pdf
Lawyer: Carol Gillen --- Federal Public Defenders Office
1002 Broad St --- Newark, NJ 07103
973-645-6347 --- Fax: 973-645-3101 --- Email: carol_gillen@fd.org
Status: State-rape victim; with follow-up newspaper and mayoral gang-rape.


13. John Charles MasonArrested: Oct. 25, 2012
Age: 53
Residence: Conroe, Texas
Occupation: Youth services counselor for “Montgomery County Youth Services (which) provides crisis counseling, shelter programs and prevention services to strengthen families, keep youth in school and prepares them to be productive citizens, according to the mission statement on its website at www.youthmc.org.
Contact with children: Occupational.
Criminal record involving children: None.
Complaints about behavior with children arising from current investigation: None.
Other complaints about propriety with children: None.
Other criminal or discipline record: None.
Community evaluation: ‘lived alone and kept to himself’ according to downstairs neighbour.
Non-Azov bycatch: None stated.
Description of seized material substantiating a violation of Title 18 U.S.C. § 2256 (2): None stated.

Reference: www.yourhoustonnews.com/courier/news/cpd-arrests-youth-counselor-for-child-porn-possession/article_887d82be-b158-557f-b8fd-c618442371ad.html

abclocal.go.com/ktrk/story?section=news/local&id=8859893

www.chron.com/news/houston-texas/article/Worker-at-youth-agency-jailed-on-child-porn-3983112.php

khou.com/news/local/Montgomery-County-youth-counselor-busted-for-allegedly-possessing-child-porn-175876621.html

Affidavit online: Not known.
Lawyer: Not known.
Status: State-rape victim.


14. Josh EnsleyArrested: Oct. 25, 2012
Age: 51
Residence: Tucker, Georgia
Occupation: Elementary school janitor
Contact with children: Occupational
Criminal record involving children: None.
Complaints about behavior with children arising from current investigation: Voyeurism and invasion of privacy discovered: mounted spy cameras in hollowed air freshener and filmed children urinating in washroom.
Other complaints about propriety with children: None.
Other criminal or discipline record: None known.
Community evaluation: Not known.
Non-Azov bycatch: Self-made recordings of students urinating in washroom.
Description of seized material substantiating a violation of Title 18 U.S.C. § 2256 (2): None from commercial or internet sources, but self-made washroom films are in violation.

Reference: www.11alive.com/news/article/261917/3/Paideia-janitor-accused-of-videotaping-students-in-bathrooms

Affidavit online: www.11alive.com/assetpool/documents/121026030425_EnsleyCriminalComplaint.pdf
Lawyer: Not known.
Status: Genuine criminal activity revealed, though arguably as ‘fruit of the poisoned tree.’


15. William VillemezArrested: Oct. 29, 2012
Age: 30
Residence: Smyrna, Georgia
Occupation: Art teacher at two private schools.
Contact with children: Occupational
Criminal record involving children: None
Complaints about behavior with children arising from current investigation: None
Other complaints about propriety with children: None
Other criminal or discipline record: None stated
Community evaluation: Not known
Non-Azov bycatch: None stated. The Atlanta Journal-Constitution reported that, “On Monday, federal agents searched Villemez’s Smyrna home. Agents found the DVDs and videos of child pornography Villemez had ordered, according to the affidavit. “Upon questioning, William Villemez admitted that he had viewed images of child pornography and had downloaded and saved those images on his computer,” according to the affidavit. This on close reading simply appears to mean that he had watched the Azov materials and made backup copies onto his hard drive. No genuine child pornography has been adduced.

Description of seized material substantiating a violation of Title 18 U.S.C. § 2256 (2): None.

Reference: blogs.ajc.com/get-schooled-blog/2012/10/29/first-paideia-now-pace-staff-member-arrested-for-child-porn/?cxntfid=blogs_get_schooled_blog

www.ajc.com/news/news/crime-law/feds-pace-academy-teacher-ordered-child-porn-dvds/nSrnp/

Affidavit online: Not known.
Lawyer: Judy A. Fleming, Federal Defender Program Inc., Atl
Suite 1500, Centennial Tower, 101 Marietta Street, NW, Atlanta, GA 30303
404-688-7530 Email: Judy_Fleming@FD.Org
Status: State-rape victim.

16. Andrew Nielsen
Arrested: Nov. 1, 2012
Age: 48
Residence: South Windsor, Connecticut
Occupation: Police officer
Contact with children: None mentioned
Criminal record involving children: None
Complaints about behavior with children arising from current investigation: None
Other complaints about propriety with children: None
Other criminal or discipline record: None
Community evaluation: received 30 year service pin, East Hartford Police Dept.
Non-Azov bycatch: None
Description of seized material substantiating a violation of Title 18 U.S.C. § 2256 (2): None

Reference: manchester.patch.com/articles/east-hartford-police-officer-faces-child-pornography-charge

manchester.patch.com/articles/arrest-affidavit-south-windsor-man-bought-49-dvds-depicting-child-pornography

www.justice.gov/usao/ct/Press2012/20121101-2.html

Affidavit online: Not known
Lawyer: Deirdre A. Murray --- Federal Public Defender's Office - Htfd
10 Columbus Blvd. --- 6th Floor --- Hartford, CT 06106-1976
860-493-6260 --- Fax: 860-493-6269 --- Email: deirdre.murray@FD.org
Status: State-rape victim.

17. Michael Winston BaynesArrested: Oct. 16, 2012
Age: 59
Residence: Henrico, Virginia
Occupation: School assistant athletic director
Contact with children: Occupational, volunteered at Little League.
Criminal record involving children: None
Complaints about behavior with children arising from current investigation: Unclear. News story says “Officers also located various media containing a series of secretly filmed encounters between Baynes and an adolescent boy which indictments say were filmed between 1992 and 1993. Officers learned Baynes coached the boy.” The affidavit states that "the boy is under the age of 18 in all of the films" - an unsubstantiated assertion which may be true, but is odd in context, since the Postal Inspector, Joey S. Bond, gave exact to-the-year estimates of the ages of the boys seen in the "pornographic" Azov DVDs he reviewed (Vladik Anthology 12:14 and Vladik Remembered). Baynes, says the affidavit, "brings (the boy) to his bedroom and purports to educate him about sex and teach him how to protect himself from attackers... In multiple recordings, Baynes requests that (the boy) remove his clothing for various reasons to (sic) include measuring his growth, trying on new clothes purchased by Baynes, and simulating how to defend himself from a sexual attack." In the growth measuring action, he wraps a tape measure around the boy's midriff and pelvis, without touching of genitals or buttocks, while in the last action mentioned, he straddles the naked boy, who has been asked to lie face-down on his bed, and "briefly grabs (the boy's) genitals" while simulating an attack. He is fully clothed at the time. On other recordings, he "urges (the boy) to masturbate" while alone in the room, but the boy declines to do so. To date, no criminal charges have been laid on the basis of these films, and there has been no printed suggestion of an ongoing investigation of the matter. A readthrough of the complex Virginia laws defining sexual offenses (§ 18.2-61 - § 18.2-67.10) does not reveal any law making the actions shown in the movies illegal if the boy is at least 15 years old.
Other complaints about propriety with children: None
Other criminal or discipline record: None
Community evaluation: Not known
Non-Azov bycatch: Home movies described above. Also, news story states that “photo albums and CDs containing photographs of adolescent boys dating back to the early 1980s” were found, along with “photos of children outside school bus stops, pools and bleachers at athletic events.” Study of the affidavit confirms that these photos are not of a sexual or pornographic nature. They appear to be candid photographs of normal day-to-day events.

Description of seized material substantiating a violation of Title 18 U.S.C. § 2256 (2): None.

Reference: www.wric.com/story/19989255/former-school-employee-arrested-on-child-porn-charges

www2.timesdispatch.com/news/2012/nov/03/tdmet01-henrico-man-arrested-in-international-porn-ar-2333526/

westend.nbc12.com/news/news/87833-henrico-school-employee-charged-child-porn

wtvr.com/2012/11/02/henrico-school-employees-arrest-linked-international-child-porn-ring/

Affidavit online: Not known
Lawyer: Frederick Michael Schick, www.schickandschicklaw.com/index.html
Status: Committed unethical but possibly not illegal acts involving clandestine filming of a naked teenager, inclusive of one brief genital touch, 20 years ago, not resulting in any additional charges to date. No record of untoward behavior since then; may have been attempting to live within the law and ethical standards. Apparent state-rape victim.

18. David S. EngleArrested: Nov. 6, 2012
Age: 40
Residence: Maple Valley, Washington
Occupation: Lawyer (family law)
Contact with children: Minor league baseball. “He appears to be (or was) the District 4 commissioner for the Southern Washington Babe Ruth Leagues, the coach for the Mid-Sound Pilots Select Bronco baseball team for 11- and 12-year-olds, the president for Maple Valley Pony Baseball and Fast Pitch, and the assistant to the Mount Rainier Baseball Association’s vice president of Babe Ruth Leagues. Engle also appears to be associated with a business named ‘5 Star Baseball and Softball.’”
Criminal record involving children: None
Complaints about behavior with children arising from current investigation: Charges of sexual assault of a child announced on Nov. 18, 2012.
Other complaints about propriety with children: None
Other criminal or discipline record: None known
Community evaluation: Not stated
Non-Azov bycatch: None noted.
Description of seized material substantiating a violation of Title 18 U.S.C. § 2256 (2): None in the original stories. New stories on Nov. 18 stated "According to charging documents filed in King County Superior Court, investigators recovered photos that indicate Engle had been raping the boy (age unknown) for six years. Engle took more than 1,400 photos and dozens of videos of himself and the child during the sexual assaults, King County Detective Marylisa Priebe-Olson told the court. During one, the detective said in court documents, Engle was seen raping the boy while watching a baseball game on television; the boy struggled against him and told him 'no.'"

The original Justice Department statement that the material Engle received from the “international movie production company” “depicted young boys in sexually explicit activity” is a propagandistically distorted reference to the ad hoc classification of the non-sexual activities shown as lasciviously displayed. To our knowledge, no actual sexual activities per se or states of libidinous arousal are alleged to have been seen in the recordings (affidavit not yet seen). A Nov. 18, 2012 statement by Levi Pulkkinen of Seattlepi.com that "Most (Azov Films) showed nude, prepubescent boys being sexually assaulted" is completely false and without substance, as is made clear by numerous published capsule descriptions, descriptions in U.S. Justice Dept. affidavits, and police and press investigation in countries where the films were made. Pulkkinen's report also mentions that "Engle’s laptop contained about 11,000 suspicious images." These additional images have not led to any charges to date.

Reference: www.justice.gov/usao/waw/press/2012/November/engle.html

www.kentreporter.com/news/177551401.html

(On and after Nov. 18, when new accusations emerged)

www.seattlepi.com/local/article/Charge-Boy-raping-baseball-coach-made-child-porn-4045011.php

Affidavit online: Not known.
Lawyer: Not known.
Status: Genuine criminal activity substantiated.

19. Larry McClendon
Arrested: Nov. 2, 2012
Age: 64
Residence: Tupelo, Mississippi
Occupation: Not stated.
Contact with children: None known; local authorities had preliminary information that he was connected to a church. Mentioned online in a friend’s Christian blog in 2010.
Criminal record involving children: None.
Complaints about behavior with children arising from current investigation: None.
Other complaints about propriety with children: None.
Other criminal or discipline record: None known.
Community evaluation: Not known.
Non-Azov bycatch: None.
Description of seized material substantiating a violation of Title 18 U.S.C. § 2256 (2): None.

Reference:

djournal.com/view/full_story/20722032/article-Tupelo-man-arrested-for-child-porn-possession?instance=secondary_stories_left_column

www.leecosheriff.com/news-room.php

www.leecountycourier.net/articles/2012/11/10/news/doc509ecff189bea310431158.txt


Affidavit online: Not known.
Lawyer: Not known.
Status: State-rape victim.


20. Lawrence Higgins Arrested: Nov. 14, 2012.
Age: 61
Residence: Seneca Falls, New York
Occupation: Not stated (registered sex offender; not working with children)
Contact with children: None.
Criminal record involving children: previously convicted in 1993 of four counts of sexual assault on a 10-year-old boy.
Complaints about behavior with children arising from current investigation: None.
Other complaints about propriety with children: None known.
Other criminal or discipline record: Was prominently publicized in the press as having been found in possession of an AK-47 machine gun and ammunition, legal status not stated; no weapons-related charges laid thus presumably no legal offense was involved; had failed to update New York Sex Offender Registry of current address as legally required.
Community evaluation: Not stated.
Non-Azov bycatch: According to articles, Higgins “confessed to possessing thousands of pictures and hundreds of hours of videos depicting child pornography on his computers.” This material exceeds the contents of the 11 DVDs he had ordered from Azov.

Description of seized material substantiating a violation of Title 18 U.S.C. § 2256 (2): As noted above, Higgins claimed to possess child pornography, though the police information does not confirm this – possibly pending investigation. Nature of material not stated.
Reference:

www.democratandchronicle.com/article/20121114/NEWS01/311140045/Convicted-sex-offender-faces-child-pornography-charges?nclick_check=1

rochester.ynn.com/content/all_news/613338/seneca-falls-man-faces-child-pornography-charges/

www.13wham.com/news/local/story/Sex-Offender-Fails-RegisterFine-Prison-Higgins/oExpBTE6e0eNANq2hV5Mig.cspx

www.syracuse.com/news/index.ssf/2012/11/police_find_child_pornography.html

www.justice.gov/usao/nyw/press/press_releases/Higgins.pdf

Affidavit online: Not known.
Lawyer: Not known.
Status: Confession of genuine criminal activity involving webfind images only, as yet unconfirmed.


21. Scott StuderArrested: Nov. 14, 2012
Age: 46
Residence: Massillon, Ohio
Occupation: Building aide and freshman basketball coach at high school
Contact with children: Occupational
Criminal record involving children: None
Complaints about behavior with children arising from current investigation: Accused of secretly videotaping boys in school shower room. Charged with six counts of illegal use of minority in nudity oriented material, a second degree felony.
Other complaints about propriety with children: None
Other criminal or discipline record: None
Community evaluation: “(Lawyer) Haupt added Studer’s family and friends are ‘sticking behind him.’”
Non-Azov bycatch: Videotapes and still images of boys in high school gym shower room.
Description of seized material substantiating a violation of Title 18 U.S.C. § 2256 (2): As above.

Reference:

fox8.com/2012/11/14/police-coach-put-cameras-in-locker-room/

www.cantonrep.com/news/x2105838387/Jackson-police-identify-24-boys-in-secret-video?zc_p=0

www.wkyc.com/news/article/269487/3/Jackson-Twp-Police-Coach-put-cameras-in-showers-for-8-years

jackson.ohio.com/jackson-coach-arraigned-over-nude-locker-room-videos-1.350479

www.cantonrep.com/news/x2105838325/Jackson-officials-discuss-Studer-case-with-players

www.cantonrep.com/news/x2105838276/Studer-could-face-both-state-and-federal-charges

www.cantonrep.com/news/x1107410626/Federal-investigation-led-police-to-camera-at-Jackson

www.cantonrep.com/news/x1745959098/-2-million-bond-set-for-Studer-on-nude-photo-charges

www.cantonrep.com/sports/x2105837620/Jackson-coach-accused-of-planting-cameras-in-locker-room

www.cantonrep.com/news/x1107413112/22-more-boys-IDd-in-Studer-videos-total-now-60


Affidavit online: Not known.
Lawyer: James Haupt
(330) 492-3957
4884 Dressler Rd NW
Canton, OH 44718

Status: Genuine criminal activity apparently evidenced, but a not guilty plea has been entered.


22. Brian David JobbArrested: July 17, 2012
Age: 62
Residence: Lilydale, Nova Scotia, Canada
Occupation: Retired since 2006, formerly elementary school principal.
Contact with children: None noted, formerly occupational
Criminal record involving children: None
Complaints about behavior with children arising from current investigation: None
Other complaints about propriety with children: None
Other criminal or discipline record: None
Community evaluation: Not known.
Non-Azov bycatch: None noted.
Description of seized material substantiating a violation of Title 18 U.S.C. § 2256 (2): Not relevant (Canadian Criminal Code applies instead).

Reference:

southshorenow.ca/archives/2012/082212/news/029_Retired_principal_accused_of_having_child_porn.html.php

www.southshorenow.ca/archives/2012/080112/news/013_Lilydale_man_faces_child_porn_charge.html.php

www.rcmp-grc.gc.ca/ns/news-nouvelles/releases-communiques/12-07-30-075115-eng.htm

metronews.ca/news/canada/313866/nova-scotia-man-faces-child-porn-charges/

Affidavit online: No such documents ever available online in secretive Canadian system.
Lawyer: Not known.
Status: State-rape victim.

{23 Ryan C. Bieler (former Boy Scouts executive) of Ireland, Indiana [47]
Defense Attorney Ivan Arnaez --- 123 Northwest 4th Street Evansville, IN 47708‎
Tel. (812) 425-6247 (812) 424-6671 (812) 434-4818 (Fax) information compilation in process.}


Summary so far Clean record; only Azov material involved or Azov + other materials not explicitly substantiated as bearing sexual content and not otherwise illegal: 16/22
Previous criminal record involving children: 2/22 (+ 1 indicted but charges dropped)
Previous criminal record involving images: 1/22
Non-Azov material unequivocally confirmed as sexually explicit or lascivious (or otherwise subject to legal charges), as judged by conventional criteria, also seized: 4/22.


See also: Will Robinson's Boywiki compilation of Azov cases. High impact site with less detailed listing.

TGWTTAL's weekly summary (monitors effectiveness of state suppression of information and failure of defendants to preserve legal rights).           

ANONYMOUSLY SURFING THE WEB AND CHILD PORN

TOR Project, Inc and “Onion Routing”

 

With the ever increasing regulation and data mining of users information, browsing habits and purchases, software to surf the web anonymously is becoming more and more popular.  One such service is TOR (TOR Project, Inc.), a free service that allows the user to join with other “volunteers” to cycle web browsing through a group or “nodes” of computer.  The idea is the users browsing requests are run through a group of computers that make up the node and when it comes out the end, it could be one of a number of computers in the node whose IP address is recorded.  This makes it impossible to track the computer the request originated in, but leaves the last computer open to allegations of being the computer user that made the request. This is referred to a “Onion Routing” because of the layers of computers involved.

 

This was made clear to William Weber, as user of the service, when federal agents showed up at his home on November 28, 2012 and accused him of distributing child pornography.   The 20 year old from Graz, Austria denies the allegations.   Mr. Weber was a volunteer with TOR, a Walpole, Mass., non-profit that is attempting to take web surfing anonymously mainstream.  Created in part to protect dissidents in countries that crack down on on-line discussions and group work such as China and Iran, TOR gets a large part of its annual budget (roughly 80%) from the U.S. Government , re rest is made up by countries like Sweden that promote a free internet.

 

When asked to comment, John Shehan, executive director of the National Center for Missing & Exploited Children, based in Alexandria, VA said “Tor is "a challenge for law enforcement."  It is being used regularly to trade sexually exploitative images of children, he says, but there is little Tor's creators can do about it.  The FBI won’t comment on TOR.

 

Tor's executive director, Andrew Lewman says the organization has received subpoenas, but hasn't ended up in court because it doesn't actually store any data that could be of use. "We spend a lot of time talking to various law enforcement agencies," he says, adding that some police use Tor themselves for undercover work.

 

While we believe Tor volunteers are likely protected by U.S. law, it hasn't been tested in court. Under current federal law, Internet service and telephone providers aren't held accountable for how criminals use their networks.  Still, we recommend Tor volunteers with the largest exit nodes set up their servers at third-party server facilities rather than their homes or offices, if only to prevent authorities from temporarily seizing computers that they are using for other purposes.

 

For more info, see:

 

http://online.wsj.com/article/SB10001424127887324677204578185382377144280.html?KEYWORDS=tor+project

 

And

 

https://www.torproject.org/

 

Can you get in trouble with "fake" Child Porn? Ask the lawyer and expert witness that owes $300k for doing it in court!

A federal appeals court has approved a $300,000 award against an Ohio lawyer rejecting the attorney's arguments that he had a First Amendment right to morph stock photos into child pornography as part of a defense trial exhibit and that no one was harmed by his doing so.
Dean Boland was trying to show that overbroad laws against child pornography could entrap a defendant who didn't know whether the images were real or fake. But he wound up in trouble himself under a federal law that prohibits possession of images "created, adapted or modified" to depict identifiable minors in explicit sexual conduct, Reuters reports.

In the exhibit, Boland showed the jury "before" and "after" photos, including a stock image of a child eating a doughnut that he replaced with a penis. The exhibits would have been legal, under federal law, if they were entirely computer-generated or manipulated photos of adults, the Cincinnati-based 6th U.S. Circuit Court of Appeals explained in its Friday opinion (PDF).

To avoid being federally prosecuted, Boland OK'd a diversion agreement in which he admitted creating and possessing child pornography and apologized in the Cleveland Bar Journal. However, he contested the damages sought in a 2007 civil lawsuit by the parents of two child in the stock photos he used, arguing that they hadn't been hurt by images that were shown only in court and never electronically circulated.

The appellate panel disagreed. Upholding the award of $300,000 in damages under federal child pornography law that provides for such compensation and comparing the damage done by such images to the damage done by defamation, it said that injury to reputation and emotional well-being results.

"When he created morphed images, he intended to help criminal defendants, not harm innocent children," wrote Judge Jeffrey Sutton of Boland. "Yet his actions did harm children, and Congress has shown that it means business in addressing this problem by creating sizable damages awards for victims of this conduct."

Boland did not respond to requests for comment from the news agency.

Petite Pimp from Bartlett Sentenced to 14 Years in Prison

This poor girl was abused by everyone in her life, even one of her attorneys.  This is one of the harshest sentences I've seen in a while.  She has been abused since twelve ad the judge sentences her to 14 years in federal prison.  READ ON...................


Petite Pimp from Bartlett Sentenced to 14 Years in Prison

A petite pimp is heading to prison. A Bartlett woman, 19-year-old Kala Bray, was sentenced Thursday for forcing minors to have sex for money. Bray will serve 14 years in federal prison. She pleaded guilty to sex trafficking charges in November 2011. The defense painted her as a victim, not as a sexual predator, but the prosecution says she's a danger to the public.

Prosecutors claim Bray has been involved in prostitution since she was 14 years old. First as the victim, sexually abused and exploited, and then later as the attacker doing the same thing to the people she called her friends. The judge says he believes she's remorseful but her choices in life have serious consequences.

"It's mind boggling. Words can't describe it. It's just an unbelievable, an upsetting situation,” said Bray’s defense attorney, Michael Scholl, after the sentencing Thursday afternoon.

Bray, a 100 pound, blue-eyed, blond haired girl of Bartlett was labeled a sexual predator and victim.

"Ms. Bray has gone through an extremely traumatic history of abuse, both through strangers and people she trusted,” said Scholl.

One of the people she trusted was her former attorney, Mark Saripkin. According to court documents, Saripkin was accused of having sex with her in exchange for his legal fees. He gave up his law license a few months ago because of those allegations and she was assigned a new lawyer, Michael Scholl.

"He took advantage of her sexually, mentally, physically and that's just a repulsive, unbelievable set of circumstances,” Scholl told ABC24 News.

Prosecutors say Bray's life started to spiral out of control when she was 12 years old. She abused drugs like marijuana, cocaine, Oxycontin, Xanax and alcohol. Eventually, she started pimping girls online using Backpage.com, a website infamous for prostitution and child trafficking.

"I would say it's akin to modern day slavery and particularly when you prey upon our most vulnerable victims, in this case children, minors, that is something society won't tolerate," said U.S. Attorney for the Tennessee Western District Edward Stanton.

Prosecutors say in the summer of 2011 Bray lured two Memphis girls, ages 15 and 16, to Houston with promises of a trip to a water park. Bray and her co-defendant, Vincent "Pistol Pete" Jones, drugged the girls and forced them to have sex for money.

Bray has been behind bars since she pleaded guilty to the sex trafficking conspiracy on November 4, 2011. On Thursday, October 11, 2012, the judge sentenced her to 14 years in federal prison and 5 years supervised release. The judge also ordered Bray into a drug treatment program and she has to register as a sex offender.

As for Jones, he also pleaded guilty to the same charge of child sex trafficking on July 7, 2012. He will be sentenced on December 14, 2012.

Azov Film Production

A debate between “naturalist” photos and child porn.

A few years ago, Federal agents raided and closed Azov Film Company in Canada.  Azov was well-known in the porn business as a distributer of “nearly-porn” movies of your Crimean boys wrestling and frolicking together.  The idea was that if the movies were not “sexual” than they would not be kiddie-porn.  The videos were referenced in the on-line boy porn chat rooms as “naturalist” videos and not as pornographic.  Well the Feds have disagreed.

The first in what may become a pathetically painful mass arrest related to Azov Films occurred today when Dr. Richard Keller, a 56-year-old pediatrician at Boston Children’s Hospital was arrested for possession of child pornography. The arrest affidavit appears to have been made on the basis of Azov Films DVDs.  See, http://msnbcmedia.msn.com/i/msnbc/sections/news/keller-affidavit.pdf

Azov was a company from Crimea (Ukraine) which filmed boys in non-sexual naturist situations, mostly outdoors or in sporting facilities. Its main impresario, Igor Rusanov, was arrested in early August 2011 by Ukrainian authorities. He was accused of manufacturing pornography, which in Ukraine, is illegal no matter what age group is involved. He had made at least two pornographic films featuring males over 18.

Rusanov's ostensibly legal films of under-18's became objects of legal scrutiny in the U.S. just before Rusanov was arrested. A distribution plant was raided and records were seized. Since then, many customers of the studio have been waiting to see what would happen.

Anonymous boychat.org poster Vallhund was able to identify the film titles in the Keller affidavit as pertaining exclusively to Azov. Here is a quote from his posting today (September 14, 2012). Azov Films posted material about the legality of its products on its website, and sold its non-sexual nudist DVDs, mostly showing sports scenes, showers, saunas and swimming, in the understanding that U.S. law in all but a few states allowed the portrayal of ‘nudity only’ for all age groups. The classification of the material as child-pornographic represents a marked cinching-up of the interpretation of existing laws, rather than the appearance of new legislation. Keller is thus the victim of an experiment in conservative legal change put forward by prosecuting authorities, rather than a conscious lawbreaker.

Since victims of such psychosexual assaults by law enforcement agencies nearly always capitulate to their humiliation, there is a danger that Keller may plead guilty and thus enable the establishment of this legal change. Professionals working with children are typically the earliest victims in campaigns of this nature. Based on the pattern shown in the takedown of the boylover.net website, the many who are not legal offenders in any heretofore known way then become sullied in press releases with the crimes of the small minority who were contact offenders.

Given the probable number of people who ordered Azov DVDs, the indictment are going to start coming fast and furrous.  Look out if you believed the on-line discussions about the legality of the videos. 

As we have just started into our Avoz case, we cannot determine if the videos

are legal or not. 

Man jailed for posing as federal sex crimes investigator

Man jailed for posing as federal sex crimes investigator

Parents charged for allowing daughter, 15, to have sex with 21-year-old.

ARE YOU KIDDING ME??!!?? WHAT NEXT?  Just when you thought they couldn't get any more crazy with sex offender laws; they come after the parets.

Parents charged for allowing daughter, 15, to have sex with 21-year-old.

SMITHVILLE, TN (WSMV) -

Parents may pay the price for an illicit love affair between a teenage girl and her grown-up boyfriend.

Stephen Rogers Jr. faces a charge of statutory rape, but police have also charged his girlfriend's parents with child neglect.

The parents admitted they didn't stop the relationship, in fact they did something to signal their approval.

She's 15. He's 21.

Bottom line: Their sexual relationship broke the law.

But some do not see this as a black-and-white kind of issue.

The young love between a 15-year-old girl and her 21-year-old boyfriend has this neighborhood taking sides.

"Some 15 year olds may be able to handle it, and some may not," neighbor Virginia Presnell said.

"He seems like a good guy," neighbor Angela Moore said. "I know there's an age difference, quite an age difference, but they're actually a really good couple. They're almost one of those perfect little couples you never see anymore."

Police arrested and charged Stephen Rogers Jr. on a single charge of statutory rape, but he's dated the 15-year-old for months.

Her parents liked Stephen, and six months ago, they invited him to live with their daughter inside their home.

Some neighbors saw a problem.

"I don't think a 15-year-old should be with a 21-year-old," Presnell said.

But some neighbors like Moore seem conflicted.

"It's just a fine line. It's really a fine line," Moore said. "I'm not going to say that it's OK. It's just that with their relationship, it's a little different."

A neighbor alerted the state's Department of Children's Services and from there, Smithville police investigated.

They wound up charging not only the 21-year-old, but also the 15-year-old's parents.

Bryan and Donna Smith each face a misdemeanor charge of child neglect.

According to court records, they admitted they approved of the relationship and several times gave the couple condoms.

Some neighbors saw that as responsible, not negligent.

But what police see matters more and will shape the future for both the couple and the parents.

"There's so much other stuff in this county that's so much worse going on, and they're worried about this," Moore said. "I find it to be kind of bogus really."

Because the case involves a child, investigators would not speak with Channel 4 News on camera today.

All three of those facing charges will be in court in the next few weeks.

DCS also continues to investigate the incident.

Channel 4 News does not know whether the Smiths still have custody of their daughter tonight.

I'm a Pepper, You're a Pepper, Don't you love Pepper too?
 
Probable the most important case to come out of the SCOTUS last term, Pepper v. United States is a critical tool in the arsenal of every Sex Crime Defense Attorney. Now, armed with Pepper, we can effectively mitigate the sentence someone may receive based on post-indictment rehabilitation. One of the most important aspects of post-indictment rehabilitation is counseling to insure that the defendant poses no further threat to the community and to discover the underlying cause of aberrant behavior (e.g., parenting issues, abuse issues, gender/sexual identity issues that, unresolved, caused the defendant to be less likely to control his/her behavior or impulses).


Justice Sotomayor' opinion for the Court highlights reasons why any evidence of a defendant's rehabilitation is a critically important concern for an initial sentencing decision in which a district judge is seeking to comply with the statutory instructions of 18 U.S.C. §3553(a).

Consider in this context these passages (with some cites omitted) from the Pepper opinion:


"[E]vidence of postsentencing rehabilitation may be highly relevant to several of the §3553(a) factors that Congress has expressly instructed district courts to consider at sentencing. For example, evidence of postsentencing rehabilitation may plainly be relevant to “the history and characteristics of the defendant.” §3553(a)(1). Such evidence may also be pertinent to “the need for thesentence imposed” to serve the general purposes of sentencing set forth in §3553(a)(2) — in particular, to “afford adequate deterrence to criminal conduct,” “protect the public from further crimes of the defendant,” and “provide the defendant with needed educational or vocational train-ing . . . or other correctional treatment in the most effective manner.” §§3553(a)(2)(B)–(D).... Postsentencing rehabilitation may also critically inform a sentencing judge’s overarching duty under §3553(a) to “impose a sentence sufficient, but not greater than necessary” to comply with the sentencing purposes set forth in §3553(a)(2)...."

"Pepper’s postsentencing conduct also sheds light on the likelihood that he will engage in future criminal conduct, a central factor that district courts must assess when imposing sentence. See §§3553(a)(2)(B)–(C); Gall, 552 U.S., at 59 (“Gall’s self-motivated rehabilitation ... lends strong support to the conclusion that imprisonment was not necessary to deter Gall from engaging in future criminal conduct or to protect the public from his future criminal acts” (citing §§3553(a)(2)(B)–(C))). As recognized by Pepper’s probation officer, Pepper’s steady employment, as well as his successful completion of a 500-hour drug treatment program and his drug-free condition, also suggest a diminished need for “educational or vocational training ... or other correctional treatment.” §3553(a)(2)(D). Finally, Pepper’s exemplary postsentencing conduct may be taken as the most accurate indicator of “his present purposes and tendencies and significantly to suggest the period of restraint and the kind of discipline that ought to be imposed upon him.” Ashe, 302 U.S., at 55. Accordingly, evidence of Pepper’s postsentencing rehabilitation bears directly on the District Court’s overarching duty to “impose a sentence sufficient, but not greater than necessary” to serve the purposes of sentencing. §3553(a)."


Easily a Sex Crime Defense Attorney could substitute the word "postsentencing" in these passages with the word "post-offense" without any loss of meaning. All the substantive reasons why the Court says sentencing judges should be concerned with postsentencing rehabilitation apply with equal force — and maybe with even greater force — to post-offense rehabilitation. (Indeed, the cite/quote from the Gall opinion in this context, a case concerning only post-offense rehabilitation, reinforces the point that a majority of Justices views these considerations comparably.)


Sentencing in federal court often focuses on the person at or before the crime but now armed with the Pepper decision, it would be nearly ineffective assistance of counsel not to seek post-arrest rehabilitative services for a client charged in a sex crime.  One of the strongest factors that leads to a long prison sentence is the fear of reoffending.  Now we can address this head-on and federal courts must focus on such evidence when discharging, as Pepper puts it, their "overarching duty to 'impose a sentence sufficient, but not greater than necessary' to serve the purposes of sentencing. §3553(a)."