State v. Mr. S (DMC No. 16318) – (10 Counts) Felony Sexual Exploitation of a  Minor/Child Pornography (Dangerous Crimes Against Children) – Not Charged – Phoenix Police Department Investigated (DR No. 20XX-XXXXXXXXXX8) and Search Warrant No. (20XX-XXXXX3) 

Mr. S lived with his mother, and he had been downloading legal adult gay pornography. On occasions, Child Pornography would appear due to the “peer-to-peer” file sharing network he was on, and he would have immediately delete those images. At some point, the images triggered a “FBI hit”, and his house was raided by the SWAT Team and the Phoenix Police. When they came in and took all computers, he admitted that occasionally images would come through on the bulk downloads, but he would delete them immediately, because he had no interest in such images. 

The Police then took multiple computers and devices from Mr. S’s household. After they left, he contacted DM Cantor and we became involved. Once we contacted the Detectives, they indicated that there were far more than ten images of Child Pornography that had been downloaded at one point or another on Mr. S’s computers.

Once we got ahold of the Police Reports, and the Forensic Downloads obtained by the Police Department, we were able to show them that six of the devices had no material depicting Sexual Exploitation of Minors. In addition, the one item they did have that they contended contained Child Pornography, would not play because they were “Incomplete Downloads”. What this meant was as the little download circle was spinning (sometimes for hours), none of the actual videos or images ever made it onto Mr. S’s computers. We were able to convince the Detectives that there was No Evidence (other than Mr. S’s statement that he had seen Child Pornography), which could tie him to the crime. Because there was a Lack of Corpus Delicti, we were able to keep Mr. S from being charged. If he had been charged with all ten counts, he would have faced 100 to 240 years in Prison.