I haven’t posted much lately but I’ve been very active. I haven’t forgotten about CPE. On contrary, I’ve had so much on my mind that I just don’t know where to start. Today I mention a website recently added to my blog roll.

First, Framed for Child Porn, setup by friends and family of Nathaniel Ethan Solon. What makes this site interesting is that it exposes just how very little evidence is needed to convict and sentence a man to 6 years in federal prison. If what put “Ned” behind bars constitutes evidence “beyond a reasonable doubt” then virtually every man in the U.S. is just one (false) accusation away from spending years in a federal penitentiary. It seems like the the crimen exceptum was in full force for Ned. The State didn’t need to prove his guilt, he was expected to prove his innocence. And when he couldn’t, away he went. And hardly anyone batted an eyelid.

Much more to follow.

Child porn is at the heart of our new sexual absolutism. Its laws have criminalized both artistic representation and objective intellectual examination and speculation. -The website http://www.inquisition21.com/

This is the first of a new category of posts I’m calling ‘Other Victims’. I’ll be highlighting the forgotten victims of the child porn inquisition. For background a full reading of The Crimen Exceptum will be helpful. It begins

The crimen exceptum is central to every inquisition, whether it be heresy, witchcraft, being a Jew, a Red under the bed or today one accused of child sex abuse or accessing child pornography. The crimen exceptum requires the suspension of due process and all real processes of justice. You do not need to be tried and convicted, merely accused.

Lt. Todd Chism, a Spokane, Washington firefighter, is one soon to be forgotten victim. Lt. Chism “was arrested and accused by the Washington State Patrol of possessing child pornography, then was released after investigators determined he was innocent”. The full text, as long is it remains available is here. The evidence used to justify the arrest was flimsy at best. The problem is that these days being arrested and accused of child porn possession or downloading is tantamount to being found guilty. Why? Well consider that case of Michael D. Gates of Coopersburg, PA. As of today, October 2, 2008, Gates has been arrested and charged, but not tried or convicted or plead guilty to child porn possession. Some of the comments to the news story I linked include

“Shoot him” – Dave1206

“Hang him by his testicles.” – OMG

“Tattoo his forehead ‘pervert’. Then castrate him!” – Parent of Two

This is what people are saying about a man who has not yet been convicted of anything. Gates has not yet had his day in court. Gates has not yet been tried by a jury of his peers. Gates should be presumed innocent still since he’s not yet been found guilty of anything. Yet we get responses like those above. I think Gates probably is guilty as charged, and will either plead guilty or will be found guilty at trial, but he deserves his day in court. Now consider that the comments being made about Gates are probably the same kind of comments that were made about Lt. Chism, a completely innocent man, when news of his arrest first broke.

Fortunately for Lt. Chism

Marcus Lawson, a forensic expert and former federal agent hired by Chism’s lawyer and now the president of Global CompuSearch, concluded that the evidence used to arrest Chism and search his home was “insufficient for a search warrant, let alone an arrest warrant.

……………..
The case originated in the patrol’s missing and exploited children Unit with a tip that included a Yahoo e-mail account associated with downloading hundreds of digital images of child pornography.

Investigators found Todd and Nicole Chism’s credit card had been used in one of the internet protocol addresses associated with the Yahoo account, “but they couldn’t definitively link the porn to the Chisms’ computer or home address or anywhere,” DeVere said.

Detectives found fraudulent activity had been reported on three of the four credit card numbers associated with the Chisms’ Bank of America account but not the fourth, which was the one used to buy the porn, DeVere said.

This reeks of the travesty know as Operation Ore in the UK, where hundreds, perhaps thousands of identity theft victims may have been falsely accused of downloading child porn. The police agency, the Washington State Patrol, responsible for this miscarriage of justice against Lt. Chism, as you might expect, feels they’ve done nothing wrong. They state

“When you have this type of crime, where time is of the essence for evidence destruction, we have to do everything we can for the safety of children and people,” DeVere said. “We are going to investigate that crime very vigorously to make sure that children are not exploited.”

So DeVere, can you enlighten us about how looking at pictures, even if Lt. Chism had been doing that, which he wasn’t, would have been exploiting children? Evidence destruction? They didn’t have any evidence. The Washington State Patrol went fishing for evidence armed not with a fishing pole but with an arrest warrant.