Archive for the ‘California Chid Pornography Attorney’ Category

Michigan Man Sentenced to 25 Years in Prison for Participating in Child Pornography Ring and Producing Child Pornography

Friday, January 27th, 2012

RIVERSIDE, California – A Michigan man was sentenced today to 25 years in federal prison for filming his sexual abuse of a young boy and distributing a video to members of an international child exploitation enterprise.

Joshua Boras, 34, of Lapeer, Michigan, was sentenced by United States District Judge Virginia A. Phillips. In December 2010, Boras pleaded guilty to one count of participation in a child exploitation enterprise and one count of production of child pornography.

The sentencing of Boras was announced by Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division, United States Attorney André Birotte Jr. and Assistant Director in Charge Steve Martinez of the FBI’s Los Angeles Field Office.

Boras was affiliated with the “Lost Boy” online bulletin board, which according to court documents and proceedings was dedicated to men who have a sexual interest in young boys and was established to provide a forum to trade child pornography. Federal authorities, working in conjunction with a coalition of international law enforcement agencies, shut down the Lost Boy bulletin board approximately three years ago. As a result of the investigation, 16 named defendants were charged in the United States and arrested for their roles in the bulletin board. To date, 15 defendants have pleaded guilty or have been convicted at trial, and one defendant died in custody.

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Orange County Man Sentenced to 26 Years in Federal Prison for Filming Sexually Explicit Videos of an 8-Year-Old Girl

Wednesday, January 11th, 2012

LOS ANGELES – A previously convicted sex offender from Huntington Beach was sentenced today to 312 months in federal prison after pleading guilty to production of child pornography for filming sexually explicit videos of an 8-year-old girl.

Gary Samuel Cochran, 53, was sentenced this afternoon by United States District Judge Dean D. Pregerson pursuant to a plea agreement Cochran entered into last year.

Cochran pleaded guilty in September to one count of production of  child pornography, a charge that carries a mandatory minimum of 25 years in federal prison.  In the plea agreement, Cochran admitted that he produced sexually explicit videos of the 8-year-old victim while on a trip to the beach with the girl and her family in 2007. When authorities searched Cochran’s residence in 2008, they discovered the videos of the victim, as well as “hundreds of videos and images depicting what defendant knew was child pornography.”

Cochran previously was convicted of child molestation in Orange County Superior Court in 1991.

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WOMAN INDICTED FOR CUTTING OFF MAN'S PENIS AFTER TYING HIM TO BED

Friday, January 6th, 2012

SANTA ANA - A woman was indicted by the Orange County Grand Jury today for cutting off a man’s penis after tying him to his bed. Catherine Kieu, 48, Garden Grove, was indicted on one felony count of torture, one felony count of aggravated mayhem, and a sentencing enhancement for the personal use of a knife. If convicted on all counts, she faces a maximum sentence of life in state prison with the possibility of parole. The defendant is being held on $1 million bail and is scheduled to be arraigned on the indictment Monday, Jan. 9, 2012, at 8:30 a.m. in Department C-5, Central Justice Center, Santa Ana.

On July 13, 2011, the Orange County District Attorney’s Office (OCDA) released a press release with the following information:

Kieu and 60-year-old John Doe live together in Garden Grove.

On the night of July 11, 2011, Kieu is accused of engaging John Doe in an argument over the possibility of a friend staying at the residence at a later date. The defendant is accused of serving John Doe dinner.

At approximately 9:00 p.m. John Doe became tired and went to bed. As he slept in his bed, Kieu is accused of tying the victim’s legs and arms to the four corners of the bed with nylon ropes. When he awoke, the defendant is accused of pulling down John Doe’s pants, grabbing the victim’s penis, and severing it with a knife. Kieu is accused of then taking the penis to the kitchen, throwing it into the garbage disposal, turning it on, and mutilating the organ. Kieu is accused of then contacting 911.

Garden Grove police arrived at the scene and John Doe was transported to University of California, Irvine Medical Center for emergency surgery.

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Riverside County Man Arrested for Possessing, Receiving, and Distributing Child Pornography Via File-Sharing Network

Tuesday, December 20th, 2011

A Homeland man has been arrested on federal charges alleging he used a file sharing network to receive, possess, and distribute child pornography, announced Steven Martinez, Assistant Director in Charge of the FBI’s Los Angeles Field Office.

George Devinna, 73, was arrested Monday by FBI agents after being named in a criminal complaint filed in U.S. District Court in Riverside on December 9. During his initial court appearance Monday afternoon, Devinna was ordered detained without bond. An arraignment date is scheduled for January 18 at 9:30 a.m. in U.S. District Court in Riverside.

The complaint charges Devinna with the possession, distribution, and receipt of child pornography. If convicted on all charges, Devinna faces a statutory maximum penalty of 50 years in prison.

Earlier this year, agents conducting an investigation of illegal file-sharing networks in Rochester, New York, and Los Angeles uncovered several images depicting child pornography. Further investigation and subsequent Internet subscriber checks identified the distributor of the illicit images as George Devinna, with an address that matched the defendant’s Homeland address. The downloaded images linked to Devinna’s computer included sexually explicit photographs of pre-teen boys.

On December 2, 2011, a search warrant was executed at Devinna’s Homeland residence, where he resides alone. During the search, agents found child pornography and other evidence linking Devinna to the file sharing network. Files found on Devinna’s computer included sexually explicit videos involving pre-teen boys that investigators recognized as part of a documented child pornography series.

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O.C. SEX OFFENDER FACES 26 YEARS IN FEDERAL PRISON AFTER PLEADING GUILTY TO PRODUCING CHILD PORNOGRAPHY

Wednesday, September 21st, 2011

LOS ANGELES –A previously convicted sex offender from Huntington Beach pleaded guilty today to production of child pornography and has agreed to serve a 26-year prison term for filming an 8-year-old girl engaged in sexually explicit conduct.

Gary Samuel Cochran, 53, pleaded guilty today to one count of production of child pornography, a charge that carries a mandatory minimum of 25 years in federal prison.  But in a plea agreement filed in United States District Court, Cochran and prosecutors agreed to a 312-month prison sentence.

In the plea agreement, Cochran admits that he produced sexually explicit videos of the 8-year-old victim while on a trip to the beach with the girl and her family. When authorities searched Cochran’s residence in 2008, they discovered the videos of the victim, as well as “hundreds of videos and images depicting what defendant knew was child pornography.”

“Because children are the most precious and vulnerable members of our communities, we will devote everything at our disposal to combat their exploitation,” said United States Attorney André Birotte Jr.  “Lengthy prison sentences are warranted when predators such as Mr. Cochran victimize young children and devastate families.”

Cochran was convicted of child molestation in Orange County Superior Court in 1991.

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FIVE JAIL INMATES FACE TRIAL FOR BEATING-DEATH OF FELLOW INMATE BELIEVED TO BE IN CUSTODY FOR CHILD MOLESTATION

Wednesday, August 10th, 2011

* Three additional defendants have been convicted and sentenced in this case and charges are pending against a fourth

SANTA ANA - Opening statements are expected to begin Monday against five jail inmates for the beating-death of a fellow Theo Lacy Facility inmate who was believed to be a child molester. Garrett Eugene Aguilar, 28, Anaheim, Stephen Paul Carlstrom, 42, Anaheim, Jared Louis Petrovich, 27, Tustin, Miguel Guillen, 48, Santa Ana, and Raul Villafana, 24, Santa Ana, are each charged with one felony count of murder and face a maximum sentence of 25 years to life in state prison if convicted. Opening statements are expected to begin Monday, Aug. 8, 2011, at 9:30 a.m. in Department C35, Central Justice Center, Santa Ana.

Three co-defendants have been convicted in this case. Michael Stewart Garten, 25, Santa Ana, pleaded guilty Jan. 11, 2011, to one felony count of voluntary manslaughter and was sentenced to 20 years in state prison. Christopher Teague, 35, Long Beach, and Jeremy Dezso Culmann, 27, Corona, pleaded guilty Jan. 18, 2011, to one felony count of voluntary manslaughter and were each sentenced to 15 years in state prison. Co-defendant Eric Charles Miller, 25, Huntington Beach, is charged with one felony count of murder and faces a maximum sentence of 25 years to life in state prison if convicted. Miller is scheduled for a pre-trial hearing Nov. 11, 2011, at 9:00 a.m. in Department C35, Central Justice Center.

On Oct. 5, 2006, the defendants are accused of targeting inmate John Chamberlain because they believed he was a child molester.  Chamberlain was in custody on misdemeanor possession of child pornography charges. Inmates Petrovich and Villafana are accused of being the “shot-callers” for their respective racial groups. Guillen is accused of being the third in command in Villafana’s group, and Aguilar and Carlstrom are accused of being the second and third in command of Petrovich’s group, respectively. Carlstrom is accused of questioning Chamberlain about his charges and reporting back to Petrovich. After getting the information from Carlstrom, Petrovich is accused of ordering the beating of Chamberlain.

The inmates are accused of beating Chamberlain repeatedly inside a cell in the jail facility by punching, kicking, and stomping on him. Chamberlain was transported to the hospital, where he was pronounced dead.

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BMX COACH TO BE ARRAIGNED FOR SEXUALLY ASSAULTING THREE YOUNG BOYS

Wednesday, June 15th, 2011

BMX COACH TO BE ARRAIGNED FOR SEXUALLY ASSAULTING THREE YOUNG BOYS IN HIS NEIGHBORHOOD AND EXCHANGING NUMEROUS CHILD PORNOGRAPHY IMAGES OVER THE INTERNET

WESTMINSTER - A bicycle motor cross (BMX) coach will be arraigned this morning for sexually assaulting three neighborhood boys, ages 7 to 9, and exchanging thousands of child pornography images over the Internet. Mandak Kohn Griffin, 30, Cypress, is charged with one felony count each of sodomy with a child under 10, one felony count of oral copulation of a child under 10, one felony count of possession and control of child pornography, and one felony count of using a minor for production of obscene matter. The defendant also faces sentencing enhancement allegations for sexual assault of multiple victims and substantial sexual conduct with a child for John Doe #2. If convicted, Griffin faces a maximum sentence of 85 years to life in state prison. The People will be requesting the defendant be held on $1 million bail at his arraignment this morning, June 13, 2011, in Department W-14, West Justice Center, Westminster.

Between February 2000 to February 2002, Griffin is accused meeting and befriending 9-year-old John Doe #2, whose family lived in the defendant’s Cypress neighborhood. The defendant is accused of inviting several neighborhood boys over to his house to hang out and look at pornographic movies and magazines. On one occasion while at Griffin’s home, the defendant is accused of instructing John Doe #2 to take a pornographic magazine into the bathroom. Griffin is accused of then entering the bathroom and rubbing the victim’s penis. The victim did not report the assault at the time of the crime.

Between February 2000 and February 2002, Griffin is accused of meeting and befriending 8-year-old John Doe #3 after initiating a romantic relationship with the victim’s female relative. The defendant is accused of inviting John Doe #3 to his house to swim and hang out on several occasions. In one instance, Griffin is accused of sexually assaulting John Doe #3 by rubbing his penis over his swimsuit after insisting to dry-off the victim after he got out of the pool. The victim did not disclose the sexual assault at the time.

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Ninth Circuit Opinions 04-13-11

Wednesday, April 13th, 2011

1. US vs. Apodaca, No. 09-50372 (4-12-11)(Cudahy [7th Cir.] with Wardlaw; concurrence by W. Fletcher). Lifetime supervision on one count of possession of child pornography was affirmed. However, it was affirmed grudgingly. The opinion rejects the substantive unreasonableness arguments put forth by defendant . The court did consider mitigation (indeed, the sentence of two years was a downward variance); and the court did consider distinctions between sex offenders. The 9th, and especially the concurrence by W. Fletcher, express uneasiness with the Guidelines for possession of child porn and the supervised release terms. It is simply too long and shows little distinctions between types of offenders. The opinion and concurrence provide arguments why lifetime supervised release terms may be inappropriate. However, the imposition here was not an abuse of discretion.

2. Roberts vs. Hartley, No. 10-15760 (Wallace with Kozinski and Silverman). In light of Swarthout vs. Cooke, 131 S. Ct. 859 (2011), the 9th reverses the granting of a habeas relief for misapplication of California’s “some evidence” standard for parole determinations. The Supremes in Swarthout made clear that the liberty interest created by state parole is determined by the state courts. A state liberty interest does not a federal liberty interest make. Federal review of due process is limited to procedural fairness. Here, the petitioner had procedural fairness. Federal courts can not decide whether there was a misapplication of state parole laws in order to grant habeas relief.

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Ninth Circuit Opinion 03-31-11

Thursday, March 31st, 2011

US vs. Cotterman, No. 09-10139 (3-30-11)(Tallman with Rawlinson; dissent by B. Fletcher).  This is a troubling 4th amendment/border search opinion. The defendant was stopped entering the US at a tiny POE.  he was on a watch list for a prior sex offense.  The Customs officer gave a careful look at the vehicle, and spotted two laptops and digital cameras.  The agent opened the laptop of the defendant (the other belonged to his wife), but didn’t see anything wrong.  However, many files were password protected. The computer was seized, and taken almost 200 miles away (170 to be exact) to Tucson, to be forensically examined.  After two days, the passwords were breached and child porn was discovered.  The district court suppressed, finding that such a search away from the border, over time, and in seizing the property, cannot be justified by the border search doctrine.  The 9th disagreed.  The 9th explains the need for vigilance on the border, and the need for protection.  The border need not be exactly on the border.  The POE here, Lukeville, was not equipped with computer forensics, and it is impractical to have such labs at every POE.  The 9th stated that the defendant’s property had never been cleared into the country; it was still functionally “at the border.”  Moreover, taking it some distance in such circumstances need not require reasonable suspicion (both sides agreed that none existed here).  The moving of the property, and the time, was a continuation of the border search.  the wait was not onerous, and falls within expectations.  The gov’t does not have carte blanche; courts will examine such delays on a case by case basis.

As for defendant’s argument that reasonable suspicion was needed, the 9th writes that neither was there a bodily search, nor was any property destroyed (two circumstances that the Supremes indicated required reasonable suspicion. The 9th paused as to whether this fit a third category, a “particularly offensive manner,” because of the delay.  The time and seizure of property, for two days, was not, in the 9th’s eyes, highly offensive.  In sum, the 9th holds that relocation of property for a continued border search does not require reasonable suspicion.  Reasonableness of the search will be case by case. Dissenting, B. Fletcher laments the  demise of the 4th amendment.  To the dissent, the sticking point is not so much the relocation of the property but the seizure of it, and depriving of the person of his property, for no reason whatsoever.  There must, the dissent writes, be some particularized suspicion of a crime when there is no indication in the property, or on the computer, that something is amiss.  To permit a search of a computer is to invade privacy, and there was no reason to here except for the gov’t’s own general concerns.

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Framed for child porn by a PC virus

Sunday, November 8th, 2009

Of all the sinister things that Internet viruses do, this might be the worst: They can make you an unsuspecting collector of child pornography.

Heinous pictures and videos can be deposited on computers by viruses — the malicious programs better known for swiping your credit card numbers. In this twist, it’s your reputation that’s stolen.

Pedophiles can exploit virus-infected PCs to remotely store and view their stash without fear they’ll get caught. Pranksters or someone trying to frame you can tap viruses to make it appear that you surf illegal Web sites.

Whatever the motivation, you get child porn on your computer — and might not realize it until police knock at your door.

An  investigation found cases in which innocent people have been branded as pedophiles after their co-workers or loved ones stumbled upon child porn placed on a PC through a virus. It can cost victims hundreds of thousands of dollars to prove their innocence.

Their situations are complicated by the fact that actual pedophiles often blame viruses — a defense rightfully viewed with skepticism by law enforcement.

“It’s an example of the old `dog ate my homework’ excuse,” says Phil Malone, director of the Cyberlaw Clinic at Harvard’s Berkman Center for Internet & Society. “The problem is, sometimes the dog does eat your homework.” (more…)

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