State v. Mr. N (DMC No. 16531) – (3 Counts) Felony Sexual Exploitation of a Minor/Child Pornography (Dangerous Crimes Against Children) – Not Charged – Maricopa County Sheriff’s Office Investigated (DR No. 20XX-XXXXX2)  

Mr. N was on a peer-to-peer file sharing network known EDonkey. While browsing somebody else’s files, he found adult pornography and clicked “browse all”, which downloaded all of their files. Unbeknownst to him, there was alleged images of Child Pornography contained within those files. These images are what are known as “child notable” files that are monitored by the FBI and have unique “hash values.” Once these images are identified, then local law enforcement is notified and instructed to obtain Search Warrants in order to seize all computers located at a particular address. In this case, there were three videos found which contained obvious Child Pornography.

After locating the IP address of the computer, Mr. N’s home address was identified. A SWAT Team burst in and seized all of his computers, and informed him that they were investigating him for Child Pornography. It was at this time that he secured the services of DM Cantor. 

We immediately had our client submit to a Polygraph, which he “passed.” In other words, he was being truthful that he had no idea that Child Pornography was contained within the files he had downloaded. Next, we had our Forensic Specialist analyze a “clone” of his computer hard drive, and we were able to show that he never accessed or viewed the files which contained Child Pornography. Lastly, we submitted a “Trebus-Bashir” letter to the Detective detailing all of these defenses. Ultimately, decision was made not to route the case or bring charges against Mr. N. If he had been convicted, he would face anywhere from a minimum of 30 years in Prison, up to a maximum of 72 years in Prison. As it is now, he has No Criminal Conviction on his Record.