"Child pornography harms and debases the most defenseless of our citizens"

The Supreme Court on Monday upheld a law aimed at preventing child pornography, ruling a provision dealing with “pandering” illicit material does not violate constitutional protections on free speech.

“Child pornography
harms and debases
the most defenseless of our citizens,”

art.scalia.jpg

Justice Antonin Scalia wrote for the majority, calling Internet child porn a “threat.”

The 7-2 ruling rejected suggestions the law is overly broad, and will stifle a range of expressive or artistic material that is not obscene.

The case involves Michael Williams, convicted in a Florida federal court for promoting child pornography on the Internet.

A 2003 federal law made it a crime not only to produce and possess child porn, but also to “pander” material, conveying the belief that material contains minors engaged in sexually explicit conduct. The pandering provision covers anyone who “advertises, promotes, presents, distributes, or solicits” this material.

Justice Antonin Scalia, writing for the majority, said Congress’ latest attempt to deal with this “threat” was legally “successful.”

The “Protect” Act was Congress’ latest attempt to control graphic images on the Internet. Previous efforts were struck down by the high court on First Amendment issues.

As part of a 2004 sting operation, an undercover Secret Service agent (using the screen name “Lisa–n–Miami”) communicated with Williams in an Internet chat room. Williams allegedly wrote, “Dad of toddler has ‘good’ pics of her an (sic) me for swap of your toddler pics, or live cam.” He posted nonpornographic photos of a young girl and claimed he had “hc,” or hard-core, kiddie pictures, prosecutors contend.

The man then allegedly posted photos of youngsters involved in “sexually explicit conduct,” according to court records. Twenty-two other child porn images were found on his home computer.

A federal appeals court upheld a possession conviction against Williams, but threw out the separate soliciting charge, which carried a five-year mandatory minimum sentence. A three-judge panel concluded the provision was “substantially overbroad and vague,” and that “non-commercial, non-inciteful promotion of illegal child pornography, even if repugnant, is protected free speech.” In other words, the judges said merely talking about child porn is not necessarily criminal.

Scalia said judges had proper discretion to decide when anti-pornography laws should be properly applied, but he noted that such illicit material has increased in recent years.

“Child pornography harms and debases the most defenseless of our citizens,” he said. “This court held unconstitutional Congress’ previous attempt to meet this new threat, and Congress responded with a carefully crafted attempt to eliminate the First Amendment problems we [earlier] identified.”

The Bush administration urged the high court to accept the case, saying the overall impact of the law was being held “hostage to a few hypothetical scenarios.”

Solicitor General Paul Clement argued to the justices that not only is promoting real child porn against the law, but “speech that falsely proposes an unlawful transaction is likewise unprotected.” Clement announced last week that he is stepping down from his post next month.

But during oral arguments, six justices offered specific examples they said might unfairly target someone who was engaged in lawful, artistic or editorial free speech. Among them were mainstream movies such as “Lolita,” “Traffic,” and “Titanic,” all of which depicted scenarios in which underage girls were engaging in simulated sex.

Justices David Souter and Ruth Bader Ginsburg dissented.

Souter wrote that a double standard exists since those pandering images not involving minors engaging in simulated sex could now be prosecuted, but possession of those images would not be subject to prosecution.

“I believe that maintaining the First Amendment protection of expression we have previously held to cover fake child pornography requires a limit to the law’s criminalization of pandering proposals,” Souter said.

The justices five years ago struck down a 1996 federal law dealing with child porn, giving legal protection to youthful sexual images that were nether obscene nor involved sexual abuse. In its ruling, the high court said thinking dirty thoughts is not necessarily criminal, and the government cannot “suppress lawful speech as the means to suppress unlawful speech.”

Most of the 2003 Protect Act’s provision have survived judicial scrutiny.

A coalition of free speech and commercial interests were supporting Williams’ constitutional claims, including the Free Speech Coalition, online media retailer Amazon.com and National Coalition Against Censorship.

On the other side, 27 states backed the United States, as well as a range of child advocacy groups.

Published in: on May 19, 2008 at 5:40 pm  Leave a Comment  

"Child pornography harms and debases the most defenseless of our citizens"

The Supreme Court on Monday upheld a law aimed at preventing child pornography, ruling a provision dealing with “pandering” illicit material does not violate constitutional protections on free speech.

“Child pornography
harms and debases
the most defenseless of our citizens,”

art.scalia.jpg

Justice Antonin Scalia wrote for the majority, calling Internet child porn a “threat.”

The 7-2 ruling rejected suggestions the law is overly broad, and will stifle a range of expressive or artistic material that is not obscene.

The case involves Michael Williams, convicted in a Florida federal court for promoting child pornography on the Internet.

A 2003 federal law made it a crime not only to produce and possess child porn, but also to “pander” material, conveying the belief that material contains minors engaged in sexually explicit conduct. The pandering provision covers anyone who “advertises, promotes, presents, distributes, or solicits” this material.

Justice Antonin Scalia, writing for the majority, said Congress’ latest attempt to deal with this “threat” was legally “successful.”

The “Protect” Act was Congress’ latest attempt to control graphic images on the Internet. Previous efforts were struck down by the high court on First Amendment issues.

As part of a 2004 sting operation, an undercover Secret Service agent (using the screen name “Lisa–n–Miami”) communicated with Williams in an Internet chat room. Williams allegedly wrote, “Dad of toddler has ‘good’ pics of her an (sic) me for swap of your toddler pics, or live cam.” He posted nonpornographic photos of a young girl and claimed he had “hc,” or hard-core, kiddie pictures, prosecutors contend.

The man then allegedly posted photos of youngsters involved in “sexually explicit conduct,” according to court records. Twenty-two other child porn images were found on his home computer.

A federal appeals court upheld a possession conviction against Williams, but threw out the separate soliciting charge, which carried a five-year mandatory minimum sentence. A three-judge panel concluded the provision was “substantially overbroad and vague,” and that “non-commercial, non-inciteful promotion of illegal child pornography, even if repugnant, is protected free speech.” In other words, the judges said merely talking about child porn is not necessarily criminal.

Scalia said judges had proper discretion to decide when anti-pornography laws should be properly applied, but he noted that such illicit material has increased in recent years.

“Child pornography harms and debases the most defenseless of our citizens,” he said. “This court held unconstitutional Congress’ previous attempt to meet this new threat, and Congress responded with a carefully crafted attempt to eliminate the First Amendment problems we [earlier] identified.”

The Bush administration urged the high court to accept the case, saying the overall impact of the law was being held “hostage to a few hypothetical scenarios.”

Solicitor General Paul Clement argued to the justices that not only is promoting real child porn against the law, but “speech that falsely proposes an unlawful transaction is likewise unprotected.” Clement announced last week that he is stepping down from his post next month.

But during oral arguments, six justices offered specific examples they said might unfairly target someone who was engaged in lawful, artistic or editorial free speech. Among them were mainstream movies such as “Lolita,” “Traffic,” and “Titanic,” all of which depicted scenarios in which underage girls were engaging in simulated sex.

Justices David Souter and Ruth Bader Ginsburg dissented.

Souter wrote that a double standard exists since those pandering images not involving minors engaging in simulated sex could now be prosecuted, but possession of those images would not be subject to prosecution.

“I believe that maintaining the First Amendment protection of expression we have previously held to cover fake child pornography requires a limit to the law’s criminalization of pandering proposals,” Souter said.

The justices five years ago struck down a 1996 federal law dealing with child porn, giving legal protection to youthful sexual images that were nether obscene nor involved sexual abuse. In its ruling, the high court said thinking dirty thoughts is not necessarily criminal, and the government cannot “suppress lawful speech as the means to suppress unlawful speech.”

Most of the 2003 Protect Act’s provision have survived judicial scrutiny.

A coalition of free speech and commercial interests were supporting Williams’ constitutional claims, including the Free Speech Coalition, online media retailer Amazon.com and National Coalition Against Censorship.

On the other side, 27 states backed the United States, as well as a range of child advocacy groups.

Published in: on May 19, 2008 at 5:40 pm  Leave a Comment  

Loren Naylor – Whining Pedophile didn’t like his 124 year prison sentence

The Indiana Court of Appeals upheld a county judge’s decision to sentence a child molester to nearly 125 years in prison.

“We note that Naylor’s remorse was offset by his claim that the eight-year-old victim was the initial aggressor,” Senior Judge George B. Hoffman Jr. wrote in the unanimous opinion


Madison Superior Court 3 Judge Thomas Newman sentenced Loren Naylor, 41, Elwood, to 124 years in prison in August after he pleading guilty to five counts of child molestation.

Prosecutors charged Naylor with four counts of child molestation, all Class A felonies punishable by 20 to 50 years in prison, for allegedly having sex with a 8-year-old girl several times beginning in 2005.

Naylor was also charged with another count of child molestation, a Class C felony, for allegedly fondling the child. A Class C felony carries a sentence of two to eight years. Newman sentenced Naylor to 30 years on each Class A felony, and four years for the Class C felony.

Police began investigating Naylor in March 2007 after the girl’s 6-year-old sister walked in on Naylor and the girl having sex, according to a probable cause affidavit written by Elwood Detective Carl Caldwell.

The 6-year-old reported what she saw to officials at her school, according to the affidavit, who then contacted police.

Naylor admitted during questioning to having sex with the girl. Naylor told police he and the girl “had a sexual relationship like any man and wife would have,” Caldwell writes in the affidavit.

Naylor pleaded guilty to all of the charges during a court hearing in July. He pleaded guilty without an agreement with prosecutors. According to the Indiana Department of Correction, Naylor’s earliest release date is March 2069, when he will be 102 years old.

In his appeal, Naylor argued Newman incorrectly weighed mitigating and aggravating factors in sentencing him, and the prison term wasn’t just in light of his character and the nature of the crimes.

Naylor argued the judge improperly used the fact that the crimes were committed over a lengthy time period in ordering the sentences to be served one after another. He also argued Newman failed to give enough weight to his guilty plea, his remorse and his minor criminal history.

The appeals court didn’t accept Naylor’s argument.

“We note that Naylor’s remorse was offset by his claim that the eight-year-old victim was the initial aggressor,” Senior Judge George B. Hoffman Jr. wrote in the unanimous opinion of the three-judge panel. “The trial court was not required to give any weight to Naylor’s proclaimed remorse.”

The appeals court also didn’t accept Naylor’s argument the sentence was too harsh in light of his character and the circumstances of the crime.

“With regard to the nature of the offenses, we note that over a period of years, Naylor subjected a child in his care to a series of unspeakable acts,” Hoffman wrote. “During that period of time, there is no doubt that he witnessed her confusion and pain. Yet, Naylor persisted in violating the victim and changed her life forever. Furthermore, some of these acts were observed by the victim’s younger sister.


“With regard to the nature of the offender, we note that Naylor instructed the victim not to tell anyone about his actions, an instruction that illustrates that he knew he was committing wrongful acts, but persisted in doing so,” Hoffman continued. “His ‘remorse’ was offset by his insistence that the young victim is the one who started it all.”

Published in: on May 19, 2008 at 5:00 pm  Leave a Comment  

Loren Naylor – Whining Pedophile didn’t like his 124 year prison sentence

The Indiana Court of Appeals upheld a county judge’s decision to sentence a child molester to nearly 125 years in prison.

“We note that Naylor’s remorse was offset by his claim that the eight-year-old victim was the initial aggressor,” Senior Judge George B. Hoffman Jr. wrote in the unanimous opinion


Madison Superior Court 3 Judge Thomas Newman sentenced Loren Naylor, 41, Elwood, to 124 years in prison in August after he pleading guilty to five counts of child molestation.

Prosecutors charged Naylor with four counts of child molestation, all Class A felonies punishable by 20 to 50 years in prison, for allegedly having sex with a 8-year-old girl several times beginning in 2005.

Naylor was also charged with another count of child molestation, a Class C felony, for allegedly fondling the child. A Class C felony carries a sentence of two to eight years. Newman sentenced Naylor to 30 years on each Class A felony, and four years for the Class C felony.

Police began investigating Naylor in March 2007 after the girl’s 6-year-old sister walked in on Naylor and the girl having sex, according to a probable cause affidavit written by Elwood Detective Carl Caldwell.

The 6-year-old reported what she saw to officials at her school, according to the affidavit, who then contacted police.

Naylor admitted during questioning to having sex with the girl. Naylor told police he and the girl “had a sexual relationship like any man and wife would have,” Caldwell writes in the affidavit.

Naylor pleaded guilty to all of the charges during a court hearing in July. He pleaded guilty without an agreement with prosecutors. According to the Indiana Department of Correction, Naylor’s earliest release date is March 2069, when he will be 102 years old.

In his appeal, Naylor argued Newman incorrectly weighed mitigating and aggravating factors in sentencing him, and the prison term wasn’t just in light of his character and the nature of the crimes.

Naylor argued the judge improperly used the fact that the crimes were committed over a lengthy time period in ordering the sentences to be served one after another. He also argued Newman failed to give enough weight to his guilty plea, his remorse and his minor criminal history.

The appeals court didn’t accept Naylor’s argument.

“We note that Naylor’s remorse was offset by his claim that the eight-year-old victim was the initial aggressor,” Senior Judge George B. Hoffman Jr. wrote in the unanimous opinion of the three-judge panel. “The trial court was not required to give any weight to Naylor’s proclaimed remorse.”

The appeals court also didn’t accept Naylor’s argument the sentence was too harsh in light of his character and the circumstances of the crime.

“With regard to the nature of the offenses, we note that over a period of years, Naylor subjected a child in his care to a series of unspeakable acts,” Hoffman wrote. “During that period of time, there is no doubt that he witnessed her confusion and pain. Yet, Naylor persisted in violating the victim and changed her life forever. Furthermore, some of these acts were observed by the victim’s younger sister.


“With regard to the nature of the offender, we note that Naylor instructed the victim not to tell anyone about his actions, an instruction that illustrates that he knew he was committing wrongful acts, but persisted in doing so,” Hoffman continued. “His ‘remorse’ was offset by his insistence that the young victim is the one who started it all.”

Published in: on May 19, 2008 at 5:00 pm  Leave a Comment  

Thomas Cargill – Repeat Sex Offender – Child Pornography

This is the second case in two days where, because of a previous state conviction for a sexual offense involving a child or children, the defendant faces an enhanced minimum mandatory sentence of ten years in prison.

Thomas Cargill, 42, of Endicott, NY, formerly of Hollywood, MD, pleaded guilty Friday to possession of child pornography, announced U.S Attorney for the District of Maryland Rod J. Rosenstein.

According to his guilty plea, on Feb. 14, 2007, Cargill’s girlfriend brought two CDs, which she suspected contained child pornography and Cargill’s desktop computer to the St. Mary’s County Sheriff’s Office. Detectives viewed the two CDs and saw numerous pictures of prepubescent females, from as young as about six years old, engaged in sexually explicit conduct.

On Feb. 20, 2007, St. Mary’s County detectives interviewed Cargill, who admitted that he downloaded child pornography from the Internet approximately twice a week, using a file sharing program. Cargill’s CDs and computer were subsequently forensically examined by FBI agents. The CDs contained approximately 271 images of child pornography, and many of the images were from a website known by the FBI to contain images of child pornography, which is hosted outside of the United States.

On July 20, 2005, Cargill pleaded guilty in the Circuit Court for St. Mary’s County, to possessing child pornography and was sentenced to six months imprisonment, suspended, and one year supervised probation.

Based on his previous state conviction for possession of child pornography Cargill faces an enhanced minimum mandatory sentence of 10 years, and a maximum of 20 years in prison, followed by supervised release for life. U.S. District Judge Roger W. Titus has scheduled sentencing for Sept. 4.

This is the second case in two days where, because of a previous state conviction for a sexual offense involving a child or children, the defendant faces an enhanced minimum mandatory sentence of ten years in prison. On Thursday, Richard David Morris, 25, of Reisterstown, Maryland, pleaded guilty to the same charges. Morris had been previously convicted in the State for sexual abuse of a minor.

This case was brought as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov. Details about Maryland’s program are available at www.usdoj.gov/usao/md/Safe-Childhood/index.html.

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

Thomas Cargill – Repeat Sex Offender – Child Pornography

This is the second case in two days where, because of a previous state conviction for a sexual offense involving a child or children, the defendant faces an enhanced minimum mandatory sentence of ten years in prison.

Thomas Cargill, 42, of Endicott, NY, formerly of Hollywood, MD, pleaded guilty Friday to possession of child pornography, announced U.S Attorney for the District of Maryland Rod J. Rosenstein.

According to his guilty plea, on Feb. 14, 2007, Cargill’s girlfriend brought two CDs, which she suspected contained child pornography and Cargill’s desktop computer to the St. Mary’s County Sheriff’s Office. Detectives viewed the two CDs and saw numerous pictures of prepubescent females, from as young as about six years old, engaged in sexually explicit conduct.

On Feb. 20, 2007, St. Mary’s County detectives interviewed Cargill, who admitted that he downloaded child pornography from the Internet approximately twice a week, using a file sharing program. Cargill’s CDs and computer were subsequently forensically examined by FBI agents. The CDs contained approximately 271 images of child pornography, and many of the images were from a website known by the FBI to contain images of child pornography, which is hosted outside of the United States.

On July 20, 2005, Cargill pleaded guilty in the Circuit Court for St. Mary’s County, to possessing child pornography and was sentenced to six months imprisonment, suspended, and one year supervised probation.

Based on his previous state conviction for possession of child pornography Cargill faces an enhanced minimum mandatory sentence of 10 years, and a maximum of 20 years in prison, followed by supervised release for life. U.S. District Judge Roger W. Titus has scheduled sentencing for Sept. 4.

This is the second case in two days where, because of a previous state conviction for a sexual offense involving a child or children, the defendant faces an enhanced minimum mandatory sentence of ten years in prison. On Thursday, Richard David Morris, 25, of Reisterstown, Maryland, pleaded guilty to the same charges. Morris had been previously convicted in the State for sexual abuse of a minor.

This case was brought as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov. Details about Maryland’s program are available at www.usdoj.gov/usao/md/Safe-Childhood/index.html.

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

Ronald Aboud – Repeat Sex Offender

13% of all new sex crimes is committed by someone
who is already on the sex offender registry
……….Sarah Tofte, Human Rights Watch

A convicted sex offender will tell a judge today why he is incompetent to stand trial on charges he sexually assaulted a young Windham boy in the mid-1980s.

Ronald Aboud, 43, formerly of Salem and Windham, is accused of abusing the boy while the two were neighbors. The boy was between the ages of 10 and 12, according to indictments.

Defense lawyers claim Aboud cannot go to trial on the charges because he struggles with understanding the complex legal issues surrounding his case.

A state forensic psychologist disagrees. Aboud stands accused of 20 counts of sexual assault for abusing the boy between August 1984 and 1987. The alleged abuse was reported to Windham police in 2006 after the victim decided to tell police.

Aboud served seven years in state prison in the 1990s, after admitting he tried to lure a 5-year-old Salem boy into the woods so he could molest him. He pleaded guilty to attempted aggravated felonious sexual assault. After his release from prison, he moved to Belmont. He is listed on the state’s Sex Offender Registry.

His criminal record includes a 1989 conviction for indecent assault and battery on a child. Aboud received a suspended sentence for that offense. If convicted, Aboud could spend decades in prison as a multiple offender.

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

Ronald Aboud – Repeat Sex Offender

13% of all new sex crimes is committed by someone
who is already on the sex offender registry
……….Sarah Tofte, Human Rights Watch

A convicted sex offender will tell a judge today why he is incompetent to stand trial on charges he sexually assaulted a young Windham boy in the mid-1980s.

Ronald Aboud, 43, formerly of Salem and Windham, is accused of abusing the boy while the two were neighbors. The boy was between the ages of 10 and 12, according to indictments.

Defense lawyers claim Aboud cannot go to trial on the charges because he struggles with understanding the complex legal issues surrounding his case.

A state forensic psychologist disagrees. Aboud stands accused of 20 counts of sexual assault for abusing the boy between August 1984 and 1987. The alleged abuse was reported to Windham police in 2006 after the victim decided to tell police.

Aboud served seven years in state prison in the 1990s, after admitting he tried to lure a 5-year-old Salem boy into the woods so he could molest him. He pleaded guilty to attempted aggravated felonious sexual assault. After his release from prison, he moved to Belmont. He is listed on the state’s Sex Offender Registry.

His criminal record includes a 1989 conviction for indecent assault and battery on a child. Aboud received a suspended sentence for that offense. If convicted, Aboud could spend decades in prison as a multiple offender.

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

Ronald Aboud – Repeat Sex Offender

13% of all new sex crimes is committed by someone
who is already on the sex offender registry
……….Sarah Tofte, Human Rights Watch

A convicted sex offender will tell a judge today why he is incompetent to stand trial on charges he sexually assaulted a young Windham boy in the mid-1980s.

Ronald Aboud, 43, formerly of Salem and Windham, is accused of abusing the boy while the two were neighbors. The boy was between the ages of 10 and 12, according to indictments.

Defense lawyers claim Aboud cannot go to trial on the charges because he struggles with understanding the complex legal issues surrounding his case.

A state forensic psychologist disagrees. Aboud stands accused of 20 counts of sexual assault for abusing the boy between August 1984 and 1987. The alleged abuse was reported to Windham police in 2006 after the victim decided to tell police.

Aboud served seven years in state prison in the 1990s, after admitting he tried to lure a 5-year-old Salem boy into the woods so he could molest him. He pleaded guilty to attempted aggravated felonious sexual assault. After his release from prison, he moved to Belmont. He is listed on the state’s Sex Offender Registry.

His criminal record includes a 1989 conviction for indecent assault and battery on a child. Aboud received a suspended sentence for that offense. If convicted, Aboud could spend decades in prison as a multiple offender.

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