Framed for Child Porn
Inspired by the Story of Ned Solon
HomeNed's StoryNewspaper ArticlesLegal DocumentsAdam Walsh ActProtect YourselfSpecial ThanksContact Us
Conviction Upheld Despite Judge's Exit
Criminal Justice

Conviction Upheld Despite Judge’s Exit Due to Secretary’s Canasta Game

ABA Journal
Posted Feb 18, 2010 8:34 AM CST
By
Debra Cassens Weiss


A federal appeals court has upheld a defendant’s conviction for possession of child pornography despite the judge’s 6-minute absence during the defense lawyer’s closing argument.

The judge left the bench because it was "his secretary's afternoon to play canasta and he had to get a couple of letters out,” according to the opinion by the Denver-based 10th U.S. Circuit Court of Appeals (PDF). How Appealing noted the ruling.

As the judge left the bench, he told the lawyers to “go right ahead.” But the lawyers paused until the judge returned. The 10th Circuit said it was error for the judge to leave, but the defendant, Nathaniel Solon, had not shown a reasonable probability that the result would have been different if the judge had stayed.

A federal court in Wyoming heard the case, but the opinion did not identify the judge. Pacer documents (PDF), however, identify him as U.S. District Judge Clarence Brimmer of Cheyenne.

An Associated Press story about computer viruses downloading child porn says the jury took two hours to convict Solon. He was sentenced to six years in prison.

A dissenter said the judge left the bench as the defense lawyer discussed the testimony of a star witness, an expert who said Solon's computer was infected by a virus and there was no evidence the child porn files were opened or viewed.

The judge had also made previous remarks labeling a portion of the expert’s testimony as “absolutely untrue” and a “falsity,” the dissenter said. The testimony concerned the expert’s assertion that her work had been stopped; the judge countered that rather than stopping the witness, he had merely stopped her from submitting excessive bills to the government.
 



Framed for child porn -- by a PC virus
Trojan horse found responsible for child porn
Wyoming crime unit busts Internet child predators
The Dark World of Child Porn
Child porn conviction of ex-airman vacated
Malware-Driven Child Porn Raises Red Flag
State worker cleared on child porn charges due to malware
Man cleared as child porn possession blamed on virus
Teenager confesses to being Nugache botnet mastermind
Hacker behind P2P botnet gets no jail time
P2P Botnet Pioneer Avoids Jail Time
LimeWire ID Theft Case Raises P2P Concerns
Highly Unlikely a Virus Would Place Images on Your Computer
Child Porn: Malware's ultimate evil
Child Pornography Virus
Multiple Cases of Viruses Downloading Child Pornography
Child porn-planting virus: Threat or bad defense?
Viruses
Why is Child Pornography on Your PC?
Viruses can lead to child porn on your computer
Frame-Up Virus Could Haunt Government Departments
Montpelier man charged in Internet child porn scam
Child porn task force arrests 44
Child Pornography Virus
The Importance of Aggressive Defense
Preventing Online Child Porn Viewing
Jury convicts man on child porn charges
Conviction Upheld Despite Judge's Exit
Court upholds Casper man's child porn conviction
Court upholds child porn conviction
Casper man will appeal child porn conviction
Attorney will appeal Casper man's case
Investigator urges better computer crime analysis
Solon Attorney asks U.S. Supreme Court to hear case
Child porn appeal now in the hands of high court
US Supreme Court denies Solon child porn appeal
Casper man makes final appeal
HomeNed's StoryNewspaper ArticlesLegal DocumentsAdam Walsh ActProtect YourselfSpecial ThanksContact Us