Child Porn – "There is no greater stigma in society"

“There is no greater stigma in society,” said David Fraser, a Halifax lawyer who specializes in privacy issues. A charge of murder probably has less public shame attached to it than child pornography, Mr. Fraser suggested.

It is a view that is shared by police. The individuals who abuse children to create actual child pornography are engaging in acts “more vile than murder,” said RCMP Staff Sergeant Mike Frizzell, who works with the federal National Child Exploitation Co-ordination Centre.


It was not difficult to sense the view of Ontario Superior Court Justice Robert Clark last month during arguments about whether there are privacy rights in Internet subscriber information when police are conducting a child-pornography investigation.

The judge and former prosecutor often put a hand over his face and displayed a pained expression while listening to defence lawyer Cindy Wasser in the Toronto courtroom.

“It is not a proposition that appeals to me, that your client has a direct privacy interest,” said the judge on one occasion. On another, he suggested an argument that might help the position that her client “innocently acquired these images,” with a tone of sarcasm clearly evident.

Judge Clark was presiding over the trial of Robert Smith, an actor formerly featured in a series of high-profile commercials for Alexander Keith’s ale, now facing charges of possession of child pornography and making child pornography available.

Ms. Wasser was challenging the legitimacy of police search warrants used to obtain the subscriber information of Mr. Smith and to search his home.

In response, Crown attorney Allison Dellandrea argued there are no privacy rights in subscriber information and even though police obtained a warrant in this case, they are not required to by law.

It is an issue that has not been determined by a Superior Court-level judge in a criminal proceeding in Canada and Judge Clark was scheduled to release his decision today.

A possible plea bargain may mean the judge does not issue his ruling.

His reaction during the legal arguments, however, was not necessarily a surprise, because the revulsion over child pornography is so great that it is arguably unlike any other criminal offence.

“There is no greater stigma in society,” said David Fraser, a Halifax lawyer who specializes in privacy issues. A charge of murder probably has less public shame attached to it than child pornography, Mr. Fraser suggested.

It is a view that is shared by police. The individuals who abuse children to create actual child pornography are engaging in acts “more vile than murder,” said RCMP Staff Sergeant Mike Frizzell, who works with the federal National Child Exploitation Co-ordination Centre.

However, what has not been clearly decided by the courts is whether police are subject to many of the same checks when investigating suspected child pornography distribution on the Internet that are in place for other criminal offences.

The Federal Court of Appeal has ruled that search warrants are required to obtain Internet subscriber information from service providers in a civil lawsuit about alleged illegal music downloading on file-sharing networks.

Police say this is an unfair obstacle in criminal investigations targeting child pornography.

Subscriber names and addresses are “not core biographical information,” Staff Sgt. Frizzell said. If police find Internet protocol (IP) addresses suspected of accessing child pornography, the name and address are simply the start of the investigation. A warrant would be required to search someone’s computer, the officer said.

The argument that police are asking only for a name and address “is a bit misleading,” responded Mr. Fraser.

“It is your name and address, which is being linked to an investigation of a crime that is particularly repugnant. It should at least go before a judge or a justice of the peace, to see if there is a compelling reason to hand over this information,” Mr. Fraser said.

If there is no check on law enforcement, there will be a temptation to ask for lists of subscribers, based on the allegation that the IP addresses may be linked to distribution of child pornography, he said.

Some sort of review is necessary because it is not always an “open-and-shut case” that once someone is charged they are always guilty of possessing or distributing child pornography, Mr. Fraser said. Viruses or someone “hacking” into your computer could result in unwanted images on your hard drive.

Police have no interest in wrongly accusing anyone, insisted Staff Sgt. Frizzell. “We can clear you. Police are out to find the truth,” he said.

A search-warrant requirement for subscriber information slows down investigations and is ultimately more of an academic exercise, the officer suggested.

“If we say this IP is linked to child pornography and we need a name and address, what judge is going to say no?” he asked. “You are tying up the courts for nothing.”


Instead of putting up any obstacles, Internet providers should be taking more steps to block images on file-sharing networks that have been identified by police as child pornography, Staff Sgt. Frizzell said.

Published in: on May 12, 2008 at 8:14 pm  Leave a Comment  

Child Porn – "There is no greater stigma in society"

“There is no greater stigma in society,” said David Fraser, a Halifax lawyer who specializes in privacy issues. A charge of murder probably has less public shame attached to it than child pornography, Mr. Fraser suggested.

It is a view that is shared by police. The individuals who abuse children to create actual child pornography are engaging in acts “more vile than murder,” said RCMP Staff Sergeant Mike Frizzell, who works with the federal National Child Exploitation Co-ordination Centre.


It was not difficult to sense the view of Ontario Superior Court Justice Robert Clark last month during arguments about whether there are privacy rights in Internet subscriber information when police are conducting a child-pornography investigation.

The judge and former prosecutor often put a hand over his face and displayed a pained expression while listening to defence lawyer Cindy Wasser in the Toronto courtroom.

“It is not a proposition that appeals to me, that your client has a direct privacy interest,” said the judge on one occasion. On another, he suggested an argument that might help the position that her client “innocently acquired these images,” with a tone of sarcasm clearly evident.

Judge Clark was presiding over the trial of Robert Smith, an actor formerly featured in a series of high-profile commercials for Alexander Keith’s ale, now facing charges of possession of child pornography and making child pornography available.

Ms. Wasser was challenging the legitimacy of police search warrants used to obtain the subscriber information of Mr. Smith and to search his home.

In response, Crown attorney Allison Dellandrea argued there are no privacy rights in subscriber information and even though police obtained a warrant in this case, they are not required to by law.

It is an issue that has not been determined by a Superior Court-level judge in a criminal proceeding in Canada and Judge Clark was scheduled to release his decision today.

A possible plea bargain may mean the judge does not issue his ruling.

His reaction during the legal arguments, however, was not necessarily a surprise, because the revulsion over child pornography is so great that it is arguably unlike any other criminal offence.

“There is no greater stigma in society,” said David Fraser, a Halifax lawyer who specializes in privacy issues. A charge of murder probably has less public shame attached to it than child pornography, Mr. Fraser suggested.

It is a view that is shared by police. The individuals who abuse children to create actual child pornography are engaging in acts “more vile than murder,” said RCMP Staff Sergeant Mike Frizzell, who works with the federal National Child Exploitation Co-ordination Centre.

However, what has not been clearly decided by the courts is whether police are subject to many of the same checks when investigating suspected child pornography distribution on the Internet that are in place for other criminal offences.

The Federal Court of Appeal has ruled that search warrants are required to obtain Internet subscriber information from service providers in a civil lawsuit about alleged illegal music downloading on file-sharing networks.

Police say this is an unfair obstacle in criminal investigations targeting child pornography.

Subscriber names and addresses are “not core biographical information,” Staff Sgt. Frizzell said. If police find Internet protocol (IP) addresses suspected of accessing child pornography, the name and address are simply the start of the investigation. A warrant would be required to search someone’s computer, the officer said.

The argument that police are asking only for a name and address “is a bit misleading,” responded Mr. Fraser.

“It is your name and address, which is being linked to an investigation of a crime that is particularly repugnant. It should at least go before a judge or a justice of the peace, to see if there is a compelling reason to hand over this information,” Mr. Fraser said.

If there is no check on law enforcement, there will be a temptation to ask for lists of subscribers, based on the allegation that the IP addresses may be linked to distribution of child pornography, he said.

Some sort of review is necessary because it is not always an “open-and-shut case” that once someone is charged they are always guilty of possessing or distributing child pornography, Mr. Fraser said. Viruses or someone “hacking” into your computer could result in unwanted images on your hard drive.

Police have no interest in wrongly accusing anyone, insisted Staff Sgt. Frizzell. “We can clear you. Police are out to find the truth,” he said.

A search-warrant requirement for subscriber information slows down investigations and is ultimately more of an academic exercise, the officer suggested.

“If we say this IP is linked to child pornography and we need a name and address, what judge is going to say no?” he asked. “You are tying up the courts for nothing.”


Instead of putting up any obstacles, Internet providers should be taking more steps to block images on file-sharing networks that have been identified by police as child pornography, Staff Sgt. Frizzell said.

Published in: on May 12, 2008 at 8:14 pm  Leave a Comment  

WANTED: Marc Cotton – Repeat Sex Offender

“25% of all sex offenders re-offend within 15 years”
………Sarah Tofte


Lucas County sheriff’s deputies need your help finding the man who walked into a Toledo apartment uninvited and raped the renter inside.

The 19-year-old victim tells police she left her front door unlocked, and that he got into the building through a rear laundry chute. He was caught and convicted but now wanted again by the county.

Marc Cotton, 27, was convicted of sexual battery for the crime in 1999. He was paroled a year later and must register with Lucas County as a sex offender every 90 days.

Deputies went to his home in January to check his whereabouts. Cotton’s grandmother said he no longer lived there. Now he’s wanted for failing to register a change of address.

Cotton is 5 ft. 9 in. and weighs 180 lbs. If you’ve seen him, call CrimeStopper at 419-255-1111.

WANTED: Marc Cotton – Repeat Sex Offender

“25% of all sex offenders re-offend within 15 years”
………Sarah Tofte


Lucas County sheriff’s deputies need your help finding the man who walked into a Toledo apartment uninvited and raped the renter inside.

The 19-year-old victim tells police she left her front door unlocked, and that he got into the building through a rear laundry chute. He was caught and convicted but now wanted again by the county.

Marc Cotton, 27, was convicted of sexual battery for the crime in 1999. He was paroled a year later and must register with Lucas County as a sex offender every 90 days.

Deputies went to his home in January to check his whereabouts. Cotton’s grandmother said he no longer lived there. Now he’s wanted for failing to register a change of address.

Cotton is 5 ft. 9 in. and weighs 180 lbs. If you’ve seen him, call CrimeStopper at 419-255-1111.

WANTED: Marc Cotton – Repeat Sex Offender

“25% of all sex offenders re-offend within 15 years”
………Sarah Tofte


Lucas County sheriff’s deputies need your help finding the man who walked into a Toledo apartment uninvited and raped the renter inside.

The 19-year-old victim tells police she left her front door unlocked, and that he got into the building through a rear laundry chute. He was caught and convicted but now wanted again by the county.

Marc Cotton, 27, was convicted of sexual battery for the crime in 1999. He was paroled a year later and must register with Lucas County as a sex offender every 90 days.

Deputies went to his home in January to check his whereabouts. Cotton’s grandmother said he no longer lived there. Now he’s wanted for failing to register a change of address.

Cotton is 5 ft. 9 in. and weighs 180 lbs. If you’ve seen him, call CrimeStopper at 419-255-1111.

John D. Everage – Repeat Sex Offender – Child Predator

“25% of all sex offenders re-offend within 15 years”
………Sarah Tofte


A mother fights back after she says a sexual predator confronted her daughter. They tracked the suspect down on their own using a simple tool.

A woman in Riverside says her daughter was walking home last week when the suspect tried to block her path. The teenager got away, ran home, and told her mom.

The suspect, 31-year-old John D. Everage, was set to be arraigned in superior court Wednesday afternoon. Everage has faced sex charges before. This time he’s facing justice yet again, primarily because of the Megan’s Law Web site.

“I was terrified. I mean, I couldn’t think straight. I was just worried about the safety of my daughter,” said Emma.

Emma, who doesn’t want to give out her last name, talked about her reaction when her 10th-grade daughter told her John Everage accosted her and tried to get her into his car on her way home from school last week.

“She never turned her back or anything. She just kept on walking back, always keeping her eyes towards the predator, and she was just trying to do as best as she could under those circumstances to stay safe and calm,” said Emma.

Emma says she called Riverside Police immediately, but didn’t stop there. At home, she pulled up the Megan’s Law Web site, a state-funded Web page listing convicted sex offenders by location. That’s when she pulled up Everage’s page, showing the suspect, a high-risk offender, John D. Everage. When Emma’s daughter saw the picture, she said it was a match.

“She went into a panic, froze, cried,” said Emma. “She says, ‘That’s him.’ I mean, you can see, she’s a little dark, but she just went white. I could see her expression, terrified.”

Her daughter told detectives, who say she also identified the suspect by photo lineup. Police say this is a good example of not only the usefulness of this Web site, but a good example of how to be a good citizen.

“She did all the right things,” said Steve Frasher, Riverside Police Dept. “She reported it right away when she learned about the resource that was available. They made use of it, and then reported that back to the police department. They didn’t try vigilante action or anything like that, and now this man’s behind bars.”

Emma says her daughter now carries a whistle to and from school, and she really thanks detectives and that Megan’s Law Web site for putting this suspect behind bars.

John D. Everage – Repeat Sex Offender – Child Predator

“25% of all sex offenders re-offend within 15 years”
………Sarah Tofte


A mother fights back after she says a sexual predator confronted her daughter. They tracked the suspect down on their own using a simple tool.

A woman in Riverside says her daughter was walking home last week when the suspect tried to block her path. The teenager got away, ran home, and told her mom.

The suspect, 31-year-old John D. Everage, was set to be arraigned in superior court Wednesday afternoon. Everage has faced sex charges before. This time he’s facing justice yet again, primarily because of the Megan’s Law Web site.

“I was terrified. I mean, I couldn’t think straight. I was just worried about the safety of my daughter,” said Emma.

Emma, who doesn’t want to give out her last name, talked about her reaction when her 10th-grade daughter told her John Everage accosted her and tried to get her into his car on her way home from school last week.

“She never turned her back or anything. She just kept on walking back, always keeping her eyes towards the predator, and she was just trying to do as best as she could under those circumstances to stay safe and calm,” said Emma.

Emma says she called Riverside Police immediately, but didn’t stop there. At home, she pulled up the Megan’s Law Web site, a state-funded Web page listing convicted sex offenders by location. That’s when she pulled up Everage’s page, showing the suspect, a high-risk offender, John D. Everage. When Emma’s daughter saw the picture, she said it was a match.

“She went into a panic, froze, cried,” said Emma. “She says, ‘That’s him.’ I mean, you can see, she’s a little dark, but she just went white. I could see her expression, terrified.”

Her daughter told detectives, who say she also identified the suspect by photo lineup. Police say this is a good example of not only the usefulness of this Web site, but a good example of how to be a good citizen.

“She did all the right things,” said Steve Frasher, Riverside Police Dept. “She reported it right away when she learned about the resource that was available. They made use of it, and then reported that back to the police department. They didn’t try vigilante action or anything like that, and now this man’s behind bars.”

Emma says her daughter now carries a whistle to and from school, and she really thanks detectives and that Megan’s Law Web site for putting this suspect behind bars.

John D. Everage – Repeat Sex Offender – Child Predator

“25% of all sex offenders re-offend within 15 years”
………Sarah Tofte


A mother fights back after she says a sexual predator confronted her daughter. They tracked the suspect down on their own using a simple tool.

A woman in Riverside says her daughter was walking home last week when the suspect tried to block her path. The teenager got away, ran home, and told her mom.

The suspect, 31-year-old John D. Everage, was set to be arraigned in superior court Wednesday afternoon. Everage has faced sex charges before. This time he’s facing justice yet again, primarily because of the Megan’s Law Web site.

“I was terrified. I mean, I couldn’t think straight. I was just worried about the safety of my daughter,” said Emma.

Emma, who doesn’t want to give out her last name, talked about her reaction when her 10th-grade daughter told her John Everage accosted her and tried to get her into his car on her way home from school last week.

“She never turned her back or anything. She just kept on walking back, always keeping her eyes towards the predator, and she was just trying to do as best as she could under those circumstances to stay safe and calm,” said Emma.

Emma says she called Riverside Police immediately, but didn’t stop there. At home, she pulled up the Megan’s Law Web site, a state-funded Web page listing convicted sex offenders by location. That’s when she pulled up Everage’s page, showing the suspect, a high-risk offender, John D. Everage. When Emma’s daughter saw the picture, she said it was a match.

“She went into a panic, froze, cried,” said Emma. “She says, ‘That’s him.’ I mean, you can see, she’s a little dark, but she just went white. I could see her expression, terrified.”

Her daughter told detectives, who say she also identified the suspect by photo lineup. Police say this is a good example of not only the usefulness of this Web site, but a good example of how to be a good citizen.

“She did all the right things,” said Steve Frasher, Riverside Police Dept. “She reported it right away when she learned about the resource that was available. They made use of it, and then reported that back to the police department. They didn’t try vigilante action or anything like that, and now this man’s behind bars.”

Emma says her daughter now carries a whistle to and from school, and she really thanks detectives and that Megan’s Law Web site for putting this suspect behind bars.

Paul Lawrence Briggs – Repeat Sex Offender – dropped his child porn

“25% of all sex offenders re-offend within 15 years”
………Sarah Tofte


A convicted sex offender who dropped his mp3 player, which police say was laden with child pornography, now faces a federal charge.

On Wednesday, the U.S. Attorney’s Office for Utah filed one count of possession of child pornography against Paul Lawrence Briggs, 58.

According to the charging document and police, a man matching Briggs’ description left the Denny’s restaurant, 250 W. 500 South, when he dropped his portable digital device. This action was captured on the restaurant’s security video system.

A customer discovered the device and turned it over to the manager, who in an attempt to discover who its owner was, ran across images and videos of adults having sex with minors and minors having sex with minors. Two memory cards found in the device case also contained child pornography.

Leads from the surveillance video lead to Briggs’ arrest Tuesday. Court records show Briggs has a lengthy criminal history, including a 1998 conviction of attempted sex abuse of a child.

According to charging documents, Briggs told FBI agents he had downloaded the pornography onto his computer before he went to prison and had recorded the files onto a data CD. He then picked up the CD among his personal possessions when he was released from the state prison. He later downloaded the files onto his portable player, which he bought at a pawn shop.

Published in: on May 12, 2008 at 7:51 pm  Leave a Comment  

Paul Lawrence Briggs – Repeat Sex Offender – dropped his child porn

“25% of all sex offenders re-offend within 15 years”
………Sarah Tofte


A convicted sex offender who dropped his mp3 player, which police say was laden with child pornography, now faces a federal charge.

On Wednesday, the U.S. Attorney’s Office for Utah filed one count of possession of child pornography against Paul Lawrence Briggs, 58.

According to the charging document and police, a man matching Briggs’ description left the Denny’s restaurant, 250 W. 500 South, when he dropped his portable digital device. This action was captured on the restaurant’s security video system.

A customer discovered the device and turned it over to the manager, who in an attempt to discover who its owner was, ran across images and videos of adults having sex with minors and minors having sex with minors. Two memory cards found in the device case also contained child pornography.

Leads from the surveillance video lead to Briggs’ arrest Tuesday. Court records show Briggs has a lengthy criminal history, including a 1998 conviction of attempted sex abuse of a child.

According to charging documents, Briggs told FBI agents he had downloaded the pornography onto his computer before he went to prison and had recorded the files onto a data CD. He then picked up the CD among his personal possessions when he was released from the state prison. He later downloaded the files onto his portable player, which he bought at a pawn shop.

Published in: on May 12, 2008 at 7:51 pm  Leave a Comment