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December 28, 2007

Internet crimes against children: Issues and guidance for 2008

Dr. Frank Kardasz, December 28, 2007

There will be some sad events in 2008 involving Internet crimes against children. I did not need to consult Nostradamus nor Uri Gellar to make the following prognostications: psychic powers were not required. History and deductive reasoning were my mentors. My hope is that most of the following predictions do not occur. Although much of the forecast is troubling, some hope remains. Increased attention to the problem of Internet crimes against children may result in more funding directed towards crime prevention and law enforcement efforts.

Issues and guidance for 2008 - Internet Crimes Against Children

Young Offenders and Victims

1. Using their cell phone cameras, thousands of children and teens will create and trade pornographic images of themselves and others.

What can be done?

- Parents should consider purchasing phones that do not have camera capabilities or disabling the camera features of existing cell phones. Parents should ask themselves, Does my child really need a cell phone with a built-in camera? (1)

- Educate children about the potential problems with their images being trafficked via cell phones and the Internet. (2)

- Schools should consider rules prohibiting cell phone cameras and disciplinary steps for violators. (3)

2. Hundreds of images of minors engaged in sex acts will be posted to various social networking sites by scorned or vindictive teens who have suffered failed relationships with one another.

What can be done?

- Social networking sites should actively review the images posted to their sites in order to identify harmful images and delete improper images as quickly as possible. (4)

- Parents should actively monitor computer use. Some children have two or more social networking web pages. The child uses one page to show their parents that they are only posting harmless information. They have a second page that they use to secretly communicate with the persons whom they contact on the Internet.

- Children should be educated about the potential problems with permitting anyone to take their picture. (5)

Web Sites

3. Craigslist and other web-based advertising services will be used by pimps, prostitutes and human traffickers to facilitate sex with minors.

What can be done?

- Web-based advertising services should closely monitor content posted to their sites. Some users of Craigslist circumvent rules about posting improper text by converting posted items into a jpg format thus escaping the automated text filters designed to stop improper content. (6)

- Law enforcement should make improved proactive efforts to identify offenders and bring them to justice. (7)

4. Alter-ego web sites including Second life or RunEscape will remain popular online meeting places for persons who wish to victimize minors.

What can be done?

- Proprietors of the sites should monitor content and activities more closely to prevent improper use. (8)

- Law enforcement should make improved proactive efforts to identify offenders and bring them to justice. (9)

Facilitators

5. Libraries that fail to filter unlawful images will continue to be popular venues for offenders who traffic child pornography.

What can be done?

- Libraries should filter for improper content and sanction offenders. (10)

- Local governments and taxpayers should demand improved Internet safety in libraries. (11)

6. Businesses and homes that provide unencrypted wireless Internet access to the vicinity will remain popular places for criminals who will secretly use the free services to offend.

What can be done?

- Business and homeowners should educate themselves about the potential problems with providing unencrypted wireless Internet access to the surrounding community. (12)

- Wireless signals should be encrypted using the latest type of protection.

Offenders

7. A man will be arrested for possession of child pornography and the arrest will reveal that he committed several previously unreported contact "hands-on" offenses against a minor.

What can be done?

- Law enforcement should make improved proactive efforts to identify offenders and bring them to justice. (13)

- Parents should carefully select persons with whom to entrust children.

8. A person employed in the information technology industry will be involved in an Internet crime against children.

What can be done?

- Hiring authorities should carefully select personnel and investigate backgrounds thoroughly. (14)

- Pre-employment interviews should include questions regarding the applicants history with images depicting the sexual exploitation of minors (child pornography). (15)

- Business computers should be set to filter unauthorized access by employees and to actively monitor employee use. (16)

- Law enforcement should make improved proactive efforts to identify offenders and bring them to justice. (17)

9. A person in the religious community will be involved in an Internet crime against children.

What can be done?

- Religious leaders should carefully select personnel and investigate backgrounds thoroughly. Violators should be reported to law enforcement.

- Law enforcement should make improved efforts to identify offenders and bring them to justice. (18)

10. An educator will be involved in an Internet crime against children.

What can be done?

- Hiring authorities should carefully select educators and investigate backgrounds thoroughly. Violators should be reported to law enforcement.

- Pre-employment interviews should include questions regarding the applicants’ history with images depicting the sexual exploitation of minors (child pornography).

- Law enforcement should make improved proactive efforts to identify offenders and bring them to justice. (19)

11. A person employed in the justice system will be involved in an Internet crime against children.

What can be done?

- Hiring authorities should carefully select employees and investigate backgrounds thoroughly. Violators should be reported to law enforcement.

- Pre-employment interviews should now include questions regarding the applicants history with images depicting the sexual exploitation of minors (child pornography).

- Computers should be set to filter unauthorized access by employees and to actively monitor employee use.

- Law enforcement should make improved proactive efforts to identify offenders and bring them to justice. (20)

12. An offender accused of an Internet crime against children will commit suicide.

What can be done?

- Offenders should be provided with the appropriate mental health services when there is an indication of self-destructive behavior. (21)

13. An offender accused of an Internet crime against children will commit or attempt to commit "suicide by cop."

What can be done?

- Law enforcement officers must remain vigilante to the threat from sex offenders who wish to end their own lives.

- Non-lethal weapons may be employed on suicidal persons if it is reasonable and safe to do so.

14. A registered sex offender will be arrested for an Internet crime involving a child. The public will express surprise and outrage that the offender was ever released and wonder why he was not monitored more closely.

What can be done?

- Few offenders can be incarcerated for life and although civil commitment is a possibility, some offenders will re-offend. Citizens should consult with the national or state offender databases for registered sex offenders and remain vigilante to the possible threats. (22)

15. An offender involved in an Internet crime against a child will be arrested. His friends, neighbors and coworkers will be shocked exclaiming, "We never suspected him, he was always so nice around children."

What can be done?

- Some offenders spend their lives creating a persona of a trustworthy respectable person who can be trusted around children. It should not be a surprise when and offender is identified who was in a position of trust.

Cybervigilantes

16. A "Deathwish" style cybervigilante will take justice into his own hands and kill an Internet sex offender. The incident might not be reported as a cybervigilante killing because it may appear to have a robbery motive or be viewed by investigators as an unexplained random killing.

What can be done?

- Investigators should examine the computer(s) of persons who are the victims of homicides in order to research the persons background and reason for being at the location of the homicide.

Forensics

17. A teen will be reported missing and a forensics examination of the teen’s computer will provide important clues leading to the whereabouts of the missing youth.

What can be done?

- Parents should closely monitor their child’s computer use in order to try to prevent problems. Installing monitoring spy ware on a child’s computer is one option. (23)

Europe and Asia

18. An organization of child pornography traffickers will be identified in an Asian or European country.

What can be done?

- Asian and European countries should continue to work towards stopping the creation and trafficking of child pornography. (24)

- Law enforcement should make improved proactive efforts to identify offenders and bring them to justice.

19. A sex-tourism traveler will be arrested in a foreign country after traveling there for the purpose of having sexual relations with a minor.

What can be done?

- Foreign countries should continue to work towards stopping sex tourism. (25)

- Law enforcement should make improved proactive efforts to identify offenders and bring them to justice.

Statistics

20. The National Incident-Based Reporting System (NIBRS) will continue to be ineffective in capturing statistics specifically related to Internet crimes against children.

What can be done?

- Modifications should be made to the NIBRS system so that statistics specific to Internet crimes against children can be captured. (26)

Law Enforcement Resources

21. The community based policing philosophy, helpful for those who are able to report crimes, will continue to be ineffective in addressing Internet crimes against children, in part because young victims cannot phone the authorities for help. (27)

What can be done?

- Law enforcement administrators should place increased emphasis on the apprehension of Internet sexual predators. There will never be statistics that accurately reflect the problem and the young victims of Internet crimes are unable to report their victimization to authorities.

22. Considerable federal law enforcement resources will be consumed by the war on terror and by illegal immigration issues. Most state and local resources will be consumed by crimes reported from those victims who are able to complain to their local law enforcement agency. Children will remain marginalized because they cannot phone 911.

What can be done?

- Law enforcement should make improved proactive efforts to identify offenders and bring them to justice. (28)

- Child advocacy and human rights groups should continue to work towards making the problems of young victims a government priority. (29)

23. Relatively small groups of law enforcement officers at the federal, state and local levels will continue to attempt to turn a rising tide of Internet crimes against children.

What can be done?

- Law enforcement should continue to make efforts to identify offenders and bring them to justice. (30)

24. The increasingly high number of unsolvable reported Internet crimes against children will demand considerable investigative resources and detract from law enforcements' ability to instead conduct highly-effective proactive undercover operations.

What can be done?

- Proactive undercover investigations designed to identify luring/enticement suspects and traffickers of child pornography have been very successful. Such efforts should continue. (31)

Politics

25. The U.S. presidential election will dominate politics in 2008. Internet crimes against children will not be considered to be an issue of significance. Children will remain marginalized because children cannot vote.

What can be done?

- Child advocacy and human rights groups should continue to work towards making the problems of young victims a political priority.

- Candidates should recognize that Internet crimes against children are important.

- Campaign platforms should contain specific provisions meant to address the problem of Internet crimes against children.

Courts

26. Unlike narcotics, child pornography is the only form of contraband that is absorbed via the human sense of sight. Judicial rules of discovery demand that evidence be available for review by the defense. Although courts would never require that drugs be duplicated, many judges will order that unlawful images be reproduced so that defense attorneys and offenders can view the images pursuant to antiquated discovery rules.

What can be done?

- Courts should recognize the unique differences between child pornography and other forms of contraband.

- Contraband images depicting the sexual exploitation of minors should not be unnecessarily duplicated.

27. Several judges will complain about mandatory sentencing for Internet sex offenders.

What can be done?

- Judges should receive more training about Internet sex offenders.

Corrections

28. Prisons will remain overcrowded and mandatory sentencing for Internet sex criminals will result in more offenders being incarcerated. Rehabilitation efforts intended to correct deviant sexual behavior will remain largely ineffective.

What can be done?

- More prisons should be built to safely house sex offenders. Continued research should be conducted to attempt to find ways to rehabilitate offenders.

Internet Service Providers

29. Hundreds of investigations into Internet sex crimes will fail because the Internet service providers did not retain subscriber information or failed to expeditiously report subscriber information pursuant to legal process from law enforcement. Consequently, frustrated investigators will be unable to locate and assist many innocent victims.

What can be done?

- Internet service providers should retain subscriber information and respond quickly to legal requests from law enforcement.

Business

30. Hundreds of private businesses will discover employees viewing or trafficking unlawful images while using corporate computers. Many business leaders will not report the incidents to law enforcement because they fear unwanted publicity. The offenders will be quietly fired or permitted to resign.

What can be done?

- Businesses should take proactive means to prevent computer misuse. User agreements, filtering software, and proactive monitoring can prevent and discover problems.

- Business leaders should report Internet sex offenses to law enforcement authorities.

Lawmakers

What can be done?

31. Congress will be unable to pass legislation requiring Internet service providers to preserve data and retain subscriber information. Uninformed detractors will argue against any proposed legislation, incorrectly positing that such laws would facilitate government spying and invade privacy.

- Citizens may contact lawmakers and encourage legislation that requires Internet service providers to retain subscriber information and to quickly respond to legal process from law enforcement. (32)

Hope for 2008

32. On the bright side, legislation is pending that would provide increased funding for the battles against Internet sexual predators and child pornographers. Increased funding will assist in crime prevention and apprehension efforts. (33)

What can be done?

- Citizens may contact lawmakers and encourage increased funding for law enforcement efforts aimed at apprehending offenders and preventing Internet crime. (34)

Dr. Frank Kardasz is a sworn Arizona peace officer who supervises the investigations of Internet crimes against children. Opinions expressed are those of the author and do not represent the policy of any governmental agency. Dr. Kardasz can be contacted by e-mail at: kardasz@kardasz.org


Notes

(1) Lowe, C. (May 16, 2007). Parents weigh consequences of providing kids with cell phones. WRAL.com (web page). Retrieved December 27, 2007 from http://www.wral.com/news/local/story/1419575/

(2) The Ad Council. (March 23, 2007). The Ad Council partners with the U.S. Department of Justice and the National Center for Missing and Exploited Children to help prevent online sexual exploitation. Retrieved December 27, 2007 from http://www.adcouncil.org/newsDetail.aspx?id=192

(3) Walker Junior High School . (n.d.). Cell phone policy. Retrieved December 27, 2007 from http://www.walkerjhs.org/policies/cellphone.jspJohn Rolfe Middle School. (n.d.). Cell phone acceptable use policy. Retrieved December 27, 2007 from http://www.henrico.k12.va.us/MS/Rolfe/CellPhone.html

(4) Goodwin, D. (December 3, 2007). Pedophile gets 110 years in MySpace extortion scheme. Channel Register (web page). San Francisco . Retrieved December 27, 2007 from http://www.channelregister.co.uk/2007/12/03/hacker_gets_110_years/

(5) National Center for Missing and Exploited Children. (2007). Real-life stories: NetSmartz Workshop. (web site). Retrieved December 28, 2007 from http://www.netsmartz.org/resources/reallife.htm

(6) Associated Press. (January 12, 2007). Woman accused of pimping girls on Craigslist. msnbc.com. (web site). Retrieved Deceber 28, 2007 from http://www.msnbc.msn.com/id/16599035/

(7) Maynard, S. (December 18, 2007). Fife targets online sex ads: City cracks down on prostitution. The News Tribume.com (web site). Retrieved December 28, 2007 from http://www.thenewstribune.com/front/topstories/story/232418.html

(8) Lafsky, M. (May 9, 2007). De-incentivizing virtual rape. The New York Times, Opinion, Freakonomics. (web page). Retrieved December 28, 2007 from http://freakonomics.blogs.nytimes.com/2007/05/09/de-incentivizing-virtual-rape/

(9) Bergstein, B. (December 2, 2007). Police begin incorporating online worlds into patrols. NashuaTelegraph.com (web page). Retrieved December 28, 2007 from http://www.nashuatelegraph.com/apps/pbcs.dll/article?AID=/20071202/BUSINESS/312020013/-1/news01

(10) Noyes, D. (November 29, 2007). Porn, sex crimes at libraries. ABC 7 I-Team investigation. (web page). Retrieved December 27, 2007 from http://abclocal.go.com/kgo/story?section=i_team&id=4808374

(11) Zerschling, L. (December 28, 2007). Activist wants filters placed on library computers. Siouxcityjournal.com (web page). Retrieved December 28, 2007 from http://www.siouxcityjournal.com/articles/2007/12/09/news/top/09956c3afe343d86862573ac00109d77.txt

(12) University of Wisconsin Information Technology Services. (2007). Wireless security 101: Threats and solutions. (web page). Retrieved December 28, 2007 from https://www4.uwm.edu/uits/security/practices/wireless_security_101.cfm

(13) Florida Department of Law Enforcement. (November 1, 2007). Internet predators arrested as part of multi-agency “Operation Travelin’ Man”. Retrieved December 28, 2007 from http://www.fdle.state.fl.us/Press_Releases/20071101_predators_arrested.html

(14) AAA InfoSystems. (2007). Background checks: Free online information sources. (web page). Retrieved December 28, 2007 from http://www.aaainfosystems.com/

(15) Kardasz, F. (December 16, 2007). Interview and interrogation questions for Computer related child sexual exploitation suspects. (web page). Retrieved December 28, 2007 from http://interrogation.wikispaces.com/

(16) Internet Filter Software Review. (2007). 2008 Internet filter report. Top ten reviews Inc. Retrieved December 28, 2007 from http://internet-filter-review.toptenreviews.com/

(17) NBC5.com, Chicago. (December 18, 2007). Naperville man accused of having child porn. (web page). Retrieved December 28, 2007 from http://www.nbc5.com/news/14880340/detail.html

(18) Hicks, T. (December 7, 2007). KGO radio host faces child-porn charges. MercuryNews.com (web page). Retrieved December 28, 2007 from http://www.mercurynews.com/news/ci_7658629?nclick_check=1

(19) Associated Press. (December 24, 2007). Lakeland principal arrested on child pornography released on bond. ABC7 news (web site). Retrieved December 28, 2007 from http://www.wwsb.com/Global/story.asp?S=7539580

(20) O’Hare, P. (December 12, 2007). Waging the war on child porn: Prosecutors enlist help to track abusers, halt Web images. Houston Chronicle. (web page). Retrieved December 28, 2007 from http://www.chron.com/CDA/archives/archive.mpl?id=2007_4471058

(21) Zimmerman, N. (December 18, 2007). Gloucester man facing child porn trial kills himself in jail. Dailypress.com (web page). Retrieved December 28, 2007 from http://www.dailypress.com/news/dp-now-jailsuicide.d18,0,5977573.story?coll=dp-breaking-news

(22) Halpin, J. (December 1, 2007). Man (age 62) arrested in sex abuse of 3-year-old. Anchorage Daily News (web page). Retrieved December 28, 2007 from http://dwb.adn.com/news/alaska/crime/story/9527795p-9438612c.html

(23) Clark County Sheriff’s Office (December 7, 2007). Missing teen may have fun off with man he met online. KATU.com (web page). Retrieved December 28, 2007 from http://www.katu.com/news/12273756.html

(24) ABC Radio Australia. (December 14, 2007). China hosts child-sex tourism conference. (web page). Retrieved December 28, 2007 from http://www.radioaustralia.net.au/news/stories/s2119207.htm

(25) U.S. Department of State. (June 14, 2004). Trafficking in persons report. The Office to Monitor and Combat Trafficking in Persons. (web site). Retrieved December 28, 2007 from http://www.state.gov/g/tip/rls/tiprpt/2004/34021.htm

(26) Finkelhor D., and Ormrod, R. (December 2004). Child pornography: Patterns from NIBRS. U.S. Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention. Retrieved December 28, 2007 from http://www.ncjrs.gov/pdffiles1/ojjdp/204911.pdf

(27) Fisher-Stewart, G. (July 2007). Community policing explained: A guide for local governments. U.S. Department of Justice, Office of Community Oriented Policeing Services. Retrieved December 28, 2007 from http://www.cops.usdoj.gov/files/ric/Publications/cp_explained.pdf

(28) Internet Crimes Against Children Task Force Program. (2007). U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention. Retrieved December 28, 2007 from http://www.icactraining.org/

(29) National Association to Protect Children. (2007). (web page). Retrieved December 28, 2007 from http://www.protect.org/

(30) FBI, Innocent Images National Initiative. (2007). (web page). Retrieved December 28, 2007 from http://www.fbi.gov/innocent.htm

(31) Arizona Internet Crimes Against Children Task Force. (July 18, 2007). Six month report: January-June 2007. Retrieved December 28, 2007 from http://azicac.org/docs/icac_report0607.pdf

(32) Needle, D. (December 7, 2007). New bill demands ISP’s report online child exploitation. Internetnews.com Networking. Retrieved December 28, 2007 from http://www.internetnews.com/infra/article.php/3715481

(33) S. 1738 Combating Child Exploitation Act of 2007. (2007) 2007-2008 (110th Congress). Retrieved December 28, 2007 from http://www.govtrack.us/congress/bill.xpd?bill=s110-1738

(34) Usa.gov. (2007). Contact elected officials. (web page). Retrieved December 28, 2007 from http://www.usa.gov/Contact/Elected.shtml

December 16, 2007

Mandatory sentencing overcomes an uninformed judge

Dr. Kardasz

The following story from the Savannah Morning News discusses a judge who disagreed with federal mandatory sentencing provisions for a possessor of child pornography. The case highlights the need for judges to be become educated about the implications of unlawful images.
 
Current research indicates that a significant number of persons who possess unlawful images depicting the sexual exploitation of minors are also contact, "hands-on" offenders. Landmark studies conducted by Dr. Hernandez and Dr. Bourke at the Butner Federal Correctional Facility illuminated the problem. Studies of persons incarcerated for possessing unlawful images at Butner resulted in disclosures and admissions from the prisoners about hundreds of previously unknown hands-on offenses. (see: http://www.iht.com/articles/2007/07/19/america/19sex.php - also -  http://www.cultureandmediainstitute.org/articles/2007/20070720125546.aspx)
 
Some people rationalize unlawful images as "just pictures" and harmless. The images are not "just pictures". The images are permanent records of terrible crimes.

Judges often have incomplete information when deciding upon sentencing. Presentence reports describing offenders often cannot provide a true evaluation of the person. Many offenders in sex crimes against children have the outward appearance of fine upstanding citizens. Many have spent their entire lives developing  an alternate persona in order to present themselves as trustworthy and capable of being trusted around children. The offender in the instant case was, according to the report, a music teacher.
 
Some Judges need to become better educated about the facts regarding harmful images and about the offenders who use images for sexual gratification.

As for those who created the laws that punish offenders, I am grateful to those legislators responsible for approving mandatory sentencing. Mandatory sentencing overcomes the uninformed opinions of those who marginalize children and ignore the harm caused by unlawful images.

-----------------------------------------------------

Teacher gets five years in porn case; judge calls sentence too severe

By Jan Skutch.  12/13/07.

Calling it a "sad day for justice," a federal judge Wednesday railed against a mandatory sentence he considered too harsh but was forced to impose in a child pornography case. U.S. District Senior Judge William T. Moore Jr. made the comment as he ordered former St. Andrew's School music teacher Joshua Henry Evans, 25, to prison for five years.

"The facts in this case do not justify the sentence the court is compelled to impose," Moore said. "Sixty months is a sentence that is much more severe than should be called for in this case."

Evans pleaded guilty Aug. 6 to a charge of attempted receipt of child pornography over the Internet involving what he believed was a 14-year-old girl.

The judge, who last month became eligible to retire, said he had "anguished" over the case. He postponed sentencing, hoping the U.S. Supreme Court or Congress would give him some leeway, Moore said.

Because the charge carries a mandatory minimum sentence, advisory guidelines giving Moore some discretion were not available.

In court Wednesday, Evans fought back tears. "I made some awful decisions in my past," the defendant told Moore. "Looking back, I am ashamed of my wrongdoing. I hurt God, my community, my family, my wife, my new daughter and myself. "Your honor, I know I did wrong, and I must face the consequences." Evans also faced supervised release for life after completing his prison term. However, Moore imposed two years of supervised release for Evans - the minimum that could have been imposed.

Probation officers wanted a 10-year period, a recommendation requested by Assistant U.S. Attorney Julie Wade. Evans' lawyer, attorney Alex Zipperer III, urged Moore to impose a lesser term.

Moore also ordered Evans to register as a sex offender. And the judge allowed Evans until 2 p.m. Jan. 14 to report to prison. Moore complained that the mandatory minimum sentence required in the case left him "handcuffed." "If there was any way I could avoid the mandatory minimum in this case, I assure you I would do it," Moore said. "Something else should have been done in this case, other than a plea resulting in a minimum mandatory."

Moore, a former U.S. attorney, said the prosecutor's office is independent and should have told the justice department, "I'm sorry, but I don't agree with your policy in this case." He said a more appropriate sentence would have involved "no or very, very little jail time for Mr. Evans. But as long as the mandatory minimum stands as a roadblock, the court is, in effect, handcuffed in this case."

He noted that Evans used his home computer, not one at the school, and that Evans did not attempt to traffic in or distribute the offensive material.

A counseling center where Evans has undergone treatment reported he did not "fit the typical profile of a sex offender" and said there was "little or no danger of any future activity of this kind by Mr. Evans."

"This is a sad day for Mr. Evans and for his family," Moore said. "It's a sad day for the court, and I think it's a sad day for justice."

Retrieved December 16, 2007 from  http://www.savannahnow.com/node/414835

A CP defense: “Under the influence of testosterone”

Here is some information about an Arizona ICAC Task Force case that was recently adjudicated.

The Arrest
In 2004, Keith Alan Jarrett, age 50, was arrested for possession of Internet-traded child pornography. Jarrett admitted to his crimes and said that he knew that child pornography was illegal. Jarrett immediately blamed his collection of child pornography on prescribed testosterone injections that had been given to him by a physician. The injections, he said, turned him into a “sexual superman.”

An Alleged Medical Problem
According to a letter later written by Jarrett, the testosterone injections had the following effect:

The shots slowly consumed me. They turned me into a mad man, with uncontrollable sexual urges. At the time I was oblivious to it because I felt great and was now dependent on them. I felt like a sexual superman.

I discovered Online chat rooms. My sexual urges now turned to the internet. I started spending every waking moment in chat rooms, opening any and every link that chatters posted. I was going through profiles looking for porn. I was masturbating constantly, 6 or 7 times a day, sometimes all day long if situation allowed it. I was in there night and day, watching web cams, reading nasty conversations, collecting photos, and masturbating. And to say there was some child porn and other inappropriate photos being posted in chat rooms, would be an understatement. They were every where.

The Explanation
Jarrett’s attorney began to build a defense around the testosterone-injection causation theory. The attorney, Antonio Zuniga, consulted with Dr. Richard Krueger M.D. of the Columbia University Medical Center Department of Psychiatry.

Dr. Krueger examined 12 documents related to the Jarrett case including reports by physicians, a polygraph operator and Mr. Jarrett himself. Dr. Krueger never personally interviewed Jarrett and did not review the police reports documenting the investigation.

Dr. Krueger authored a letter that Jarrett’s defense counsel used in his defense. In the letter, Dr. Krueger said that Jarrett had a history of being sexually victimized as a boy by an adult, and said that the history of victimzation could increase also his predisposition to view child pornography.

Dr. Krueger also documented the findings of others who said that Jarrett suffers from depressive disorder, alcohol abuse, and hepatitis C.

According to Dr. Krueger, Mr. Jarrett “engaged in his acquisition of child pornography while under the influence of testosterone.”

Here is an excerpt from a letter by Dr. Krueger to Antonio Zuniga, lawyer for Keith Jarrett:

It is my opinion, with a reasonable degree of medical certainty, that Mr. Jarrett during the period from approximately January of 2003 through November 2004 developed an excessive sexual drive which resulted in, among other things, his acquisition of child pornography, as a result of receiving excessive dose of testosterone from his medical physician. It is also my opinion, with a reasonable degree of medical certainty, that without these testosterone injections, Mr. Jarrett would not have engaged in the acquisition of child pornography.

It is also my opinion, with a reasonable degree of medical certainty, that even with an admission of guilt to crimes involving possession and/or distribution of child pornography that Mr. Jarrett’s risk of actually abusing a child is remote, and that he could be safely managed in the community.

The Sentence
Jarrett decided not to try his unusual defense before a trial court or a jury. On June 14, 2007 Jarrett waived trial and plead guilty to two counts of attempted sexual exploitation of a minor (child pornography) in Maricopa County (AZ) Superior Court. He was sentenced to five years incarceration, lifetime probation, registration as a sex offender, monitoring by a global positioning device and prohibition from consuming alcohol.

Minneapolis, MN baker gets nine years in Internet sex sting

Dr. Kardasz: The following story describes a convicted killer who was caught during an undercover luring/enticement operation conducted by a law enforcement agency. If more law enforcement agencies devoted more undercover personnel to catching Internet sexual predators the world might just be a little safer.

Minneapolis, MN baker gets nine years in Internet sex sting

By David L. Brommerich, For the Winona Daily News, 11/14/07

A convicted murderer from Minneapolis has been sentenced to nine years in prison for trying to arrange sex with a 15-year-old girl in Buffalo County.

Gary R. Lohmeier, 53, who has felony convictions in Minnesota dating back to 1977, will also have to serve 8 years of supervised probation.

Circuit Judge James Duvall exceeded the 5 year sentence recommended by Buffalo County District Attorney Tom Clark. Clark said Lohmeier’s criminal history was a factor in his sentence.

Two other men convicted this year in similar cases in Buffalo County got sentences of 18 months or less.

Lohmeier, who was working as a baker before his arrest, pleaded no contest to a felony charge of attempted second-degree sexual assault of a child under the age of 16. A charge of using a computer to facilitate a child sex crime was dismissed as part of a plea agreement.

Sheriff’s deputies arrested Lohmeier on April 24 near a convenience store in Alma, Wis., where he had arranged to meet with someone he thought was a 15-year-old girl but was in fact an investigator who had posed as a juvenile in an online chat room.

Lohmeier has an extensive criminal history, including a conviction for second degree murder for a 1984 shooting outside a Minneapolis bar in which one person was killed and two wounded. While serving a 19-year sentence, he was convicted of a narcotics charge stemming from the bust of a drug ring that smuggled heroin and cocaine into the Stillwater prison.

Transcripts filed in the Buffalo County case showed that Lohmeier claimed he was 35. He sent sexually explicit photos over the Internet, according to the complaint.

Lohmeier was credited for 197 days served since his arrest.

Retrieved November 14, 2007 from http://www.winonadailynews.com/articles/2007/11/14/news/03sexsting.txt

'My Space' hoax ends with suicide

Dr. Kardasz: The sad and tragic story below is a reminder that the improper use of social networking sites and chat rooms can have terrible consequenses. The Megan Meier incident is not an isolated occurrence. Several years ago a Phoenix teen was coaxed by his on-line "friends" to continue using drugs and alcohol until he overdosed and died while others watched him via his web-cam.


'My Space' hoax ends with suicide of Dardenne Prairie teen

By Steve Pokin. 11/14/07. From Suburban Journals, St. Louis MO (on-line)

His name was Josh Evans. He was 16 years old. And he was hot.

"Mom! Mom! Mom! Look at him!" Tina Meier recalls her daughter saying.

Josh had contacted Megan Meier through her MySpace page and wanted to be added as a friend.

Yes, he's cute, Tina Meier told her daughter. "Do you know who he is?"

"No, but look at him! He's hot! Please, please, can I add him?"

Mom said yes. And for six weeks Megan and Josh - under Tina's watchful eye - became acquainted in the virtual world of MySpace.

Josh said he was born in Florida and recently had moved to O'Fallon. He was homeschooled. He played the guitar and drums.

He was from a broken home: "when i was 7 my dad left me and my mom and my older brother and my newborn brother 3 boys god i know poor mom yeah she had such a hard time when we were younger finding work to pay for us after he loeft."

As for 13-year-old Megan, of Dardenne Prairie, this is how she expressed who she was:

M is for Modern

E is for Enthusiastic

G is for Goofy

A is for Alluring

N is for Neglected.

She loved swimming, boating, fishing, dogs, rap music and boys. But her life had not always been easy, her mother says.

She was heavy and for years had tried to lose weight. She had attention deficit disorder and battled depression. Back in third grade she had talked about suicide, Tina says, and ever since had seen a therapist.

But things were going exceptionally well. She had shed 20 pounds, getting down to 175. She was 5 foot 5½ inches tall.

She had just started eighth grade at a new school, Immaculate Conception, in Dardenne Prairie, where she was on the volleyball team. She had attended Fort Zumwalt public schools before that.

Amid all these positives, Tina says, her daughter decided to end a friendship with a girlfriend who lived down the street from them. The girls had spent much of seventh grade alternating between being friends and, the next day, not being friends, Tina says.

Part of the reason for Megan's rosy outlook was Josh, Tina says. After school, Megan would rush to the computer.

"Megan had a lifelong struggle with weight and self-esteem," Tina says. "And now she finally had a boy who she thought really thought she was pretty."

It did seem odd, Tina says, that Josh never asked for Megan's phone number. And when Megan asked for his, she says, Josh said he didn't have a cell and his mother did not yet have a landline.

And then on Sunday, Oct. 15, 2006, Megan received a puzzling and disturbing message from Josh. Tina recalls that it said: "I don't know if I want to be friends with you anymore because I've heard that you are not very nice to your friends."

Frantic, Megan shot back: "What are you talking about?"

SHADOWY CYBERSPACE

Tina Meier was wary of the cyber-world of MySpace and its 70 million users. People are not always who they say they are.

Tina knew firsthand. Megan and the girl down the block, the former friend, once had created a fake MySpace account, using the photo of a good-looking girl as a way to talk to boys online, Tina says. When Tina found out, she ended Megan's access.

MySpace has rules. A lot of them. There are nine pages of terms and conditions. The long list of prohibited content includes sexual material. And users must be at least 14.

"Are you joking?" Tina asks. "There are fifth-grade girls who have MySpace accounts."

As for sexual content, Tina says, most parents have no clue how much there is. And Megan wasn't 14 when she opened her account. To join, you are asked your age but there is no check. The accounts are free.

As Megan's 14th birthday approached, she pleaded for her mom to give her another chance on MySpace, and Tina relented.

She told Megan she would be all over this account, monitoring it. Megan didn't always make good choices because of her ADD, Tina says. And this time, Megan's page would be set to private and only Mom and Dad would have the password.

'GOD-AWFUL FEELING'

Monday, Oct. 16, 2006, was a rainy, bleak day. At school, Megan had handed out invitations to her upcoming birthday party and when she got home she asked her mother to log on to MySpace to see if Josh had responded.

Why did he suddenly think she was mean? Who had he been talking to?

Tina signed on. But she was in a hurry. She had to take her younger daughter, Allison, to the orthodontist.

Before Tina could get out the door it was clear Megan was upset. Josh still was sending troubling messages. And he apparently had shared some of Megan's messages with others.

Tina recalled telling Megan to sign off.

"I will Mom," Megan said. "Let me finish up."

Tina was pressed for time. She had to go. But once at the orthodontist's office she called Megan: Did you sign off?

"No, Mom. They are all being so mean to me."

"You are not listening to me, Megan! Sign off, now!"

Fifteen minutes later, Megan called her mother. By now Megan was in tears.

"They are posting bulletins about me." A bulletin is like a survey. "Megan Meier is a slut. Megan Meier is fat."

Megan was sobbing hysterically. Tina was furious that she had not signed off.

Once Tina returned home she rushed into the basement where the computer was. Tina was shocked at the vulgar language her daughter was firing back at people.

"I am so aggravated at you for doing this!" she told Megan.

Megan ran from the computer and left, but not without first telling Tina, "You're supposed to be my mom! You're supposed to be on my side!"

On the stairway leading to her second-story bedroom, Megan ran into her father, Ron.

"I grabbed her as she tried to go by," Ron says. "She told me that some kids were saying horrible stuff about her and she didn't understand why. I told her it's OK. I told her that they obviously don't know her. And that it would be fine."

Megan went to her room and Ron went downstairs to the kitchen, where he and Tina talked about what had happened, the MySpace account, and made dinner.

Twenty minutes later, Tina suddenly froze in mid-sentence.

"I had this God-awful feeling and I ran up into her room and she had hung herself in the closet."

Megan Taylor Meier died the next day, three weeks before her 14th birthday.

Later that day, Ron opened his daughter's MySpace account and viewed what he believes to be the final message Megan saw - one the FBI would be unable to retrieve from the hard drive.

It was from Josh and, according to Ron's best recollection, it said, "Everybody in O'Fallon knows how you are. You are a bad person and everybody hates you. Have a shitty rest of your life. The world would be a better place without you."

BEYOND GRIEF INTO FURY

Tina and Ron saw a grief counselor. Tina went to a couple of Parents After Loss of Suicide meetings, as well.

They tried to message Josh Evans, to let him know the deadly power of mean words. But his MySpace account had been deleted.

The day after Megan's death, they went down the street to comfort the family of the girl who had once been Megan's friend. They let the girl and her family know that although she and Megan had their ups and down, Megan valued her friendship.

They also attended the girl's birthday party, although Ron had to leave when it came time to sing "Happy Birthday." The Meiers went to the father's 50th birthday celebration. In addition, the Meiers stored a foosball table, a Christmas gift, for that family.

Six weeks after Megan died, on a Saturday morning, a neighbor down the street, a different neighbor, one they didn't know well, called and insisted that they meet that morning at a counselor's office in northern O'Fallon.

The woman would not provide details. Ron and Tina went. Their grief counselor was there. As well as a counselor from Fort Zumwalt West Middle School.

The neighbor from down the street, a single mom with a daughter the same age as Megan, informed the Meiers that Josh Evans never existed.

She told the Meiers that Josh Evans was created by adults, a family on their block. These adults, she told the Meiers, were the parents of Megan's former girlfriend, the one with whom she had a falling out. These were the people who'd asked the Meiers to store their foosball table.

The single mother, for this story, requested that her name not be used. She said her daughter, who had carpooled with the family that was involved in creating the phony MySpace account, had the password to the Josh Evans account and had sent one message - the one Megan received (and later retrieved off the hard drive) the night before she took her life.

"She had been encouraged to join in the joke," the single mother said.

The single mother said her daughter feels the guilt of not saying something sooner and for writing that message. Her daughter didn't speak out sooner because she'd known the other family for years and thought that what they were doing must be OK because, after all, they were trusted adults.

On the night the ambulance came for Megan, the single mother said, before it left the Meiers' house her daughter received a call. It was the woman behind the creation of the Josh Evans account. She had called to tell the girl that something had happened to Megan and advised the girl not to mention the MySpace account.

AX AND SLEDGEHAMMER

The Meiers went home and tore into the foosball table.

Tina used an ax and Ron a sledgehammer. They put the pieces in Ron's pickup and dumped them in their neighbor's driveway. Tina spray painted "Merry Christmas" on the box.

According to Tina, Megan had gone on vacations with this family. They knew how she struggled with depression, that she took medication.

"I know that they did not physically come up to our house and tie a belt around her neck," Tina says. "But when adults are involved and continue to screw with a 13-year-old - with or without mental problems - it is absolutely vile.

"She wanted to get Megan to feel like she was liked by a boy and let everyone know this was a false MySpace and have everyone laugh at her.

"I don't feel their intentions were for her to kill herself. But that's how it ended."

'GAINING MEGAN'S CONFIDENCE'

That same day, the family down the street tried to talk to the Meiers. Ron asked friends to convince them to leave before he physically harmed them.

In a letter dated Nov. 30, 2006, the family tells Ron and Tina, "We are sorry for the extreme pain you are going through and can only imagine how difficult it must be. We have every compassion for you and your family."

The Suburban Journals have decided not to name the family out of consideration for their teenage daughter.

The mother declined comment.

"I have been advised not to give out any information and I apologize for that," she says. "I would love to sit here and talk to you about it but I can't."

She was informed that without her direct comment the newspaper would rely heavily on the police report she filed with the St. Charles County Sheriff's Department regarding the destroyed foosball table.

"I will tell you that the police report is totally wrong," the mother said. "We have worked on getting that changed. I would just be very careful about what you write."

Lt. Craig McGuire, spokesman for the sheriff's department, said he is unaware of anyone contacting the department to alter the report.

"We stand behind the report as written," McGuire says. "There was no supplement to it. What is in the report is what we believe she told us."

The police report - without using the mother's name - states:

"(She) stated in the months leading up Meier's daughter's suicide, she instigated and monitored a 'my space' account which was created for the sole purpose of communicating with Meier's daughter.

"(She) said she, with the help of temporary employee named ------ constructed a profile of 'good looking' male on 'my space' in order to 'find out what Megan (Meier's daughter) was saying on-line' about her daughter. (She) explained the communication between the fake male profile and Megan was aimed at gaining Megan's confidence and finding out what Megan felt about her daughter and other people.

"(She) stated she, her daughter and (the temporary employee) all typed, read and monitored the communication between the fake male profile and Megan Â…..

"According to (her) 'somehow' other 'my space' users were able to access the fake male profile and Megan found out she had been duped. (She) stated she knew 'arguments' had broken out between Megan and others on 'my space.' (She) felt this incident contributed to Megan's suicide, but she did not feel 'as guilty' because at the funeral she found out 'Megan had tried to commit suicide before.'"

Tina says her daughter died thinking Josh was real and that she never before attempted suicide.

"She was the happiest she had ever been in her life," Ron says.

After years of wearing braces, Megan was scheduled to have them removed the day she died. And she was looking forward to her birthday party.

"She and her mom went shopping and bought a new dress," Ron says. "She wanted to make this grand entrance with me carrying her down the stairs. I never got to see her in that dress until the funeral."

NO CRIMINAL CHARGES

It does not appear that there will be criminal charges filed in connection with Megan's death.

"We did not have a charge to fit it," McGuire says. "I don't know that anybody can sit down and say, 'This is why this young girl took her life.'"

The Meiers say the matter also was investigated by the FBI, which analyzed the family computer and conducted interviews. Ron said a stumbling block is that the FBI was unable to retrieve the electronic messages from Megan's final day, including that final message that only Ron saw.

The Meiers do not plan to file a civil lawsuit. Here's what they want: They want the law changed, state or federal, so that what happened to Megan - at the hands of an adult - is a crime.

THE AFTERMATH IS PAIN

The Meiers are divorcing. Ron says Tina was as vigilant as a parent could be in monitoring Megan on MySpace. Yet she blames herself.

"I have this awful, horrible guilt and this I can never change," she said. "Ever."

Ron struggles daily with the loss of a daughter who, no matter how low she felt, tried to make others laugh and feel a little bit better.

He has difficulty maintaining focus and has kept his job as a tool and die maker through the grace and understanding of his employer, he says. His emotions remain jagged, on edge.

Christine Buckles lives in the same Waterford Crossing subdivision. In her view, everyone in the subdivision knows of Megan's death, but few know of the other family's involvement.

Tina says she and Ron have dissuaded angry friends and family members from vandalizing the other home for one, and only one, reason.

"The police will think we did it," Tina says.

Ron faces a misdemeanor charge of property damage. He is accused of driving his truck across the lawn of the family down the street, doing $1,000 in damage, in March. A security camera the neighbors installed on their home allegedly caught him.

It was Tina, a real estate agent, who helped the other family purchase their home on the same block 2½ years ago.

"I just wish they would go away, move," Ron says.

Vicki Dunn, Tina's aunt, last month placed signs in and near the neighborhood on the anniversary of Megan's death.

They read: "Justice for Megan Meier," "Call the St. Charles County Prosecuting Attorney," and "MySpace Impersonator in Your Neighborhood."

On the window outside Megan's room is an ornamental angel that Ron turns on almost every night. Inside are pictures of boys, posters of Usher, Beyonce and on the dresser a tube of instant bronzer.

"She was all about getting a tan," Ron says.

He has placed the doors back on the closet. Megan had them off.

If only she had waited, talked to someone, or just made it to dinner, then through the evening, and then on to the beginning of a new day in what could have been a remarkable life.

If she had, he says, there is no doubt she would have chosen to live. Instead, there is so much pain.

"She never would have wanted to see her parents divorce," Ron says.

Ultimately, it was Megan's choice to do what she did, he says. "But it was like someone handed her a loaded gun."

Retrieved November 15, 2007 from http://suburbanjournals.stltoday.com/articles/2007/11/14/news/sj2tn20071110-1111stc_pokin_1.ii1.prt

December 15, 2007

Online child-porn offender released early for learning about computers

Dr. Kardasz: The following story by Pablo Ros is an interesting report of justice gone wacko. I am of the humble opinion that persons convicted of computer-related crimes should be directed towards vocations in prison training classes that do not involve computers. Similarly, drug offenders should not be trained towards careers in pharmacy or chemistry. There are many career options and fields of study. Offenders should not be permitted to choose training that is aligned with the offense that originally resulted in their incarceration.

Online child-porn offender released early for learning about computers

Pablo Ros, Tribune Staff Writer. 11/24/07

South Bend, Indiana - A 58-year-old convicted sex offender recently cut his prison sentence short by completing a course on computer repair.

Larry B. Abshagen had always had a computer at home, and his ex-wife said she couldn't fail to see the irony in his sentence reduction.

"He was very knowledgeable with computers," said his ex-wife, whom The Tribune is not naming to protect her identity. "He knew how to fix 'em, how to get on 'em. He didn't need to take a course on computer repair."

Abshagen was sentenced to four years in prison in August 2006 for sending child pornography over the Internet. With credit for time served, credit for good behavior and a vocational studies certificate in computer repair, Abshagen finished his sentence in fewer than two years. He was released in October.

Abshagen's ex-wife said she is upset that he was given an additional three-month break from an already mild sentence."I'm upset that they cut his sentence short because of (the computer course)," she said. She added that she's not opposed to prisoners receiving credit for completing courses that benefit them, such as earning a GED.

"Why train him on something he got in trouble for?" she said.

Karen Cantou Grubbs, communications chief at the Indiana Department of Correction, said all prisoners are eligible for educational courses.

"There is no filter process for assignment to academic, vocational, college programs in the IDOC," she wrote in an e-mail. "It is an open-entry process for all offenders. Threshold qualifications for assignment to vocational programs would be credit class, education code, and length of time left to serve."

The DOC's educational program stems from "the department's mandate to provide an environment designed to promote restoration and public safety," said Randy Koester, a DOC spokesman. "Advancing an inmate's education reduces the likelihood they will reoffend, and promotes public safety."Abshagen's ex-wife said she doesn't think Abshagen is more dangerous now after taking a computer course because he probably learned little from it that he didn't already know. In that way, Abshagen would be atypical of most sex offenders, according to John Shehan of the National Center for Missing and Exploited Children.

Shehan, who is deputy director of the NCMEC's exploited child division, said sex offenders "come from all walks of life" and have varying educational levels. But those who are most easily caught by law enforcement, he said, lack a sophisticated knowledge of computers.

"Normally they aren't Internet-savvy," he said.

When asked whether by taking a course on computer repair a sex offender might become better equipped to reoffend, Shehan said that by learning the basic workings of a computer -- such as how to remove a hard drive and destroy it -- a person could more easily get away with Internet crimes."It's an interesting question," Shehan said, but he did not express an opinion on whether sex offenders should be eligible to take computer courses in prison.

"It's the first I've ever heard of a case like that," he said.

But Parry Aftab, executive director of the online safety volunteer organization WiredSafety.org, said she doesn't think access to computer education in prison is an added risk.

"I think that learning how to fix a computer has no relationship whatsoever to predatorial behavior," she wrote in an e-mail. "I am concerned about inmates having Internet access while in prison, or unsupervised access while on probation. That poses a risk."

Koester said inmates are not allowed to access the Internet in prison. Using the Internet or any other online service at any location without approval of a probation officer is a violation of the Indiana recommended special probation conditions for sex offenders, which are found on the state's Web site, although they become case-applicable at a judge's discretion.

Jerry Johnson, chief probation officer of St. Joseph County's adult probation, said he doesn't know offhand how often that probation condition is applied here.

Retrieved November 26, 2007 from http://www.southbendtribune.com/apps/pbcs.dll/article?Date=20071124&Category=News01&ArtNo=711240358&SectionCat=BIZ&Template=printart

'I'm a pervert,' suspected Phoenix voyeur tells police

Dr. Kardasz: Investigators are receiving a rising number of complaints about unlawful images being trafficked via cell phone cameras but this is a very unusual case.


'I'm a pervert,' suspected Phoenix voyeur tells police

By Colleen Sparks, The Arizona Republic, 11/27/07

A Phoenix man has been arrested for reportedly breaking into a home while the residents slept and taking sexually explicit photos of himself with one of the residents' cell phones.

"I'm a pervert," he allegedly told police after being arrested.

The crime was discovered when the resident found the photos of the man on her phone.

Ryan Houghton, 18, was arrested Nov. 20 on suspicion of "burglary of occupied residential structure," a Class 3 felony, and "voyeurism," a Class 4 felony.

The victim found the photos on Nov. 17, and earlier that morning had noticed that her arcadia door was ajar, said Phoenix Police Sgt. Joel Tranter.

Police believe that Houghton entered the home, in the 4500 block of East Kiowa Street near 48th Street and Elliot Road, sometime between 9:30 p.m. Nov. 16 and 6 a.m. Nov. 17.

The residents discovered that someone had signed onto a pornographic Web site on the home's computer. Part of Houghton's username was found on the Web site, Tranter said.

Friends of the victims researched the Web site and found Houghton's username and photo online. One of the friends recognized him as working at a fast food restaurant near 48th Street and Elliot Road, Tranter said.

The residents contacted police. Sex crimes detectives went to the restaurant and found out part of Houghton's name and a possible address for him, Tranter said. When police went to the address, Houghton was not there, he said.

Detectives learned in a follow-up investigation that Houghton skateboarded. Police went back to the victims' home on Nov. 20 and one of the detectives heard a skateboard, Tranter said.

Detectives saw Houghton and another male teen and asked them their names. They saw Houghton try to pass a pipe to his friend and they arrested him for that, Tranter said. Nothing was found in the pipe but police discovered Houghton could be the burglar and voyeur.

When interviewed, Houghton told police that he had entered the house through a side gate and an unlocked arcadia door while the three adult residents were sleeping, Tranter said. Houghton said he had taken photos of himself masturbating with the phone, according to police.

When asked why he did it, Tranter said that Houghton told police, "I'm a pervert."

Houghton "is not associated with the people that live in that house," Tranter said.

Tranter advised residents to keep their windows and doors locked when they are out or sleeping.

"It's fine leaving your doors open when you're awake and up," Tranter said. "If you leave the house or you're going to bed for the night you need to ensure that . . . your doors and windows are locked.

"There are people out there that are looking to take advantage of people."

Retrieved November 28, 2007 from http://www.azcentral.com/community/ahwatukee/articles/1127ar-voyeur1127.html