At the Risk of Sounding Like An Apologist for Something Terrible
A disclaimer: child pornography is really bad. An educator possessing child pornography is really, really bad. People are assumed innocent until proven guilty.
I feel like the latest report on former Teaneck High School Principal Joe White's upcoming trial, raises some questions:
Ex-principal's computer may hold child porn
Bergen County prosecutors said Monday that they might seek another indictment against former Teaneck High School Principal Joseph White for images they said they found on his home computer that "may" include child pornography.
"We found over 600 images of gay porn, including 15 that are questionable," Assistant Bergen County Prosecutor Patricia Baglivi told a judge in Hackensack.
Some of the subjects in the 15 images are clearly in their teens, and detectives are trying to determine whether they are under the age of 16, Baglivi said. If the subjects are deemed underage, White could face fourth-degree charges of possession of child pornography, she said.
Defense lawyer William Ware called the allegations "outrageous."
1) What collection of 600 pornographic images doesn't contain 15 actors who could pass for teens? I can't speak for gay pornography (unless you count lesbians as "gay", unlike pornographers), but there are a ton of actresses/models in the 18-21 age group.
2) How would a detective, physician or anyone tell the difference between an 16-year-old and an 18-year-old on the basis of a photo? Unless it's really obvious (like a small child), I figure you'd have to identify the actual person.
Per 1010 WINS, this sounds like very speculative:
In child-pornography cases involving teens whose exact ages cannot be ascertained, doctors inspect the body development of those in the images and make a determination as to whether they are under 16.
If a doctor concludes that a person in the image is under 16 - and a grand jury agrees - the defense can then hire its own doctor to counter that conclusion during trial.
3) How can there be a gag order on the defendant and his lawyer when the media reports on every claim the prosecutors make in court? Certainly, them responding to these awful accusations does no more to bias potential jurors than the media report does.
Why a disclaimer?
Stanging up for someone shouldn't require a disclaimer. Especially when you have folks like the AG claiming we don't have the basic freedoms this country was built on.
You shouldn't have to apologize. If he likes kids that's his problem - and I'm sure he needs friends just liek the next person.
Posted by: Bubba on January 24, 2007 12:18 PM | permalinkBubba... Don't you know that saying stuff like this only helps the terrorists to win?
Posted by: Od*ll on January 24, 2007 1:43 PM | permalinkThe terrorists are losing really bad. I mean, did you see what their leader said during his "State of the Union" address?
(must hit "preview" before "post" so I can fix type-o's)
I think that "proving" that someone is less than 16 without actually probing it is a really poor way to go about getting an indictment. Isn't that essentially the definition of "reasonable doubt"?
Posted by: ChuckJerry on January 24, 2007 4:05 PM | permalinkThis is clearly unjust.. if you have to call in a doctor to determine whether the kid is underage then it makes no sense whatsoever to prosecute a consumer for possessing it.. unless maybe you can establish that that he knowingly bought it because it was advertised/identified as having underage kids. Otherwise that is straight ridiculous.
At my first dotcom job I had to investigate user complaints about content on the free web pages we hosted, and we were instructed (by team of lawyers) to treat something as child porn only if it featured kids who were clearly prepubescent.
Posted by: jay smooth on January 27, 2007 10:36 PM | permalinkNo more comments! Either someone has violated Godwin's Law, I'm tired of the discussion or, most likely, the ten-week window has closed. You can, however, contact me through email.