In United States v. McCourt, No. 06-1018, slip op. (8th Cir. Nov. 24, 2006), Michael Shawn McCourt appeals his conviction on child pornography charges. Most of his arguments are evidentary in nature, but he does raise one interesting--and completely unconvincing--argument related to the court's denial of his theory-of-defense jury instruction.
McCourt, you see, loved to surf the internets looking for "young" porn. Using unnamed "peer-to-peer" software (I'm looking at you Kazaa), he traded various files with his filthy comrades. Eventually he and his activities were discovered by an undercover detective monitoring a certain chatroom entitled "100%PRETEENGIRLSEXPICS." Despite the chatroom's title and subject matter, McCourt would later argue that while he was into "young" girls, he didn't actually intend to down load child porn, never looked at the videos, and if he did ever see child porn on his computer, would immediately delete the files.
At trial, McCourt and his attorney came up with a brilliant(!) defense: A hacker must have uploaded the child porn files onto his computer without his knowledge. (Brilliant!) Fair enough, that's as good a defense as any when you're guilty, I guess. But then they take this defense one step further: McCourt argued that the government had the burden to prove the identity of the person who uploaded the files beyond a reasonable doubt. If you think about it, this defense is pure genius. Basically, the defense was trying to convince the judge and jury that the government had to prove that the one-armed hacker wasn't responsible.
Unfortunately for McCourt, the government only had to prove that he knowingly possessed child porn. And, as the Eighth Circuit recognized, "[T]he identity of the person who uploaded the files onto McCourt's computer is not relevant to whether McCourt knowingly possessed the files." Thus, McCourt will now be spending 10 years in federal prison, where even hardened criminals consider pedophiles disgusting and totally shiv-worthy.
On another note, Kansas City beat Denver last night, although not by the score I predicted (I attribute this mostly to Joe Montana not playing, apparently having retired 11+ years ago). Still, mark it up as another successful prediction by yours truely.
Finally, within the next couple of days, I'm going reveal one or two of my "blog crushes." I'm hoping this will go better than my real-life crushes. I could do without the awkward silences and permanent restraining orders.
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