Child Sexually Abusive Actvity or Materials

August 26, 2013

Former Eastern Michigan University Student Indicted on Charges of Child Pornography

On Tuesday August 20, 18-year-old Jacob Snyder was indicted by a grand jury on one count each of possessing, distributing, and receiving child pornography according to federal court records. Snyder is a former student of Eastern Michigan University.

Federal authorities allegedly found numerous videos and pictures of children who were unclothed on Snyder’s computer; the children were said to be younger than 12 years old in a news article at AnnArbor.com.

Authorities executed a warrant at Snyder’s father’s home in Ypsilanti Township, locating the suspect’s Dell laptop. Officials believe Snyder obtained a portion of the child pornography from his father’s IP address where he lives in the 5800 block of Textile Road. An affidavit signed by United States Customs Service special agent Bradley Manning states that Snyder consented to having the computer searched.

In September of 2012, Snyder was interviewed at both his father’s residence, and in his EMU dormitory room. He was a freshman at the time of the interview, although the student directory indicates he is no longer enrolled at the university. Snyder admitted during interviews to using Limewire, Ares, and other peer-to-peer file sharing networks for “maintaining and trafficking child pornography” while accessing the Internet through the IP address subscribed to by his father.

Court records indicate Snyder admitted to having child pornography stored on additional hard drivers which were located in a storage locker. Records also reveal authorities located 171 videos and 47 images of children who were engaged in what was called a “lascivious” display of the pubic and genital areas.

Snyder’s preliminary exam was scheduled for Friday August 23; he is scheduled to go before Judge Denise Page Hood for a jury trial on October 1 in U.S. District Court.

As all Michigan child pornography lawyers are aware, many innocent individuals are behind bars today for sex offenses they did not commit. While the defendant in this case admitted to the crimes, the penalties will be harsh if convicted. Those who receive sexually explicit material intended for distribution or who distribute child sexually abusive material may face a fine of up to $50,000 along with up to 7 years in prison.

June 21, 2013

Kalamazoo School Custodian to Spend 10 to 15 Years in Prison for Sexual Assault, Child Pornography

by Scott Grabel

Steven M. McAllister, a 55-year-old Kalamazoo resident, will likely spend 10 to 15 years in prison after pleading no contest to sexual assault and child pornography on Friday June 7 in Kalamazoo County Court. McAllister, a Kalamazoo Public School custodian, was charged with ten felony offenses including two counts of first-degree CSC, one count of using a computer to commit a crime, and six counts of possession of child sexually abusive material. He was also charged with one count of assault with intent to commit sexual penetration.

The charges of first-degree criminal sexual conduct and assault are connected with a separate case in which a juvenile reported in December of 2012 that he had been sexually assaulted by McAllister. Upon investigating the allegations, police executed a search warrant and uncovered images of child pornography on computers that were taken from McAllister’s residence at 1519 Howland Avenue, according to a news article at Mlive.com.

Four of the six counts of possession of child sexually abusive material are to be dropped at McAllister’s July 1st sentencing under the terms of the plea agreement. A count of second-degree CSC was added in the sexual assault case, which McAllister pleaded no contest to; at his July sentencing, the initial three counts will be dismissed. Ultimately after McAllister’s plea agreements, he will be imprisoned for 10 to 15 years, his sentences in the two cases to run concurrently.

According to police, there was no indication that any victims attended Kalamazoo Public Schools, where McAllister had been employed for 20 years as custodian at Edison Elementary School.

Michigan sex crime lawyers understand that people do commit heinous sexual crimes involving children; still, there are many individuals who are innocent and falsely accused of these types of offenses who have their reputations, careers, and lives ruined forever.

September 6, 2012

Former Pennsylvania High School Football Coach Accused of Cyber-Sex Crimes in East Lansing

by Scott Grabel

Joseph Ostrowski, a former high school football coach at Catholic High School in Wilkes-Barre, Pennsylvania, has been charged with tricking people into sex acts using the internet, specifically through Skype and Facebook. According to news reports, Ostrowski was charged in Pennsylvania in May with producing child pornography.

Ostrowski, who is 29 years old, remains in jail awaiting trial on the earlier charges. He was indicted by a Grand Rapids grand jury on Wednesday, August 29th, on one count of cyber-stalking. In May Ostrowski was charged with one count each of interstate communications of threats and sexual exploitation of children by Pennsylvania authorities.

According to prosecutors, Ostrowski used an electronic device to threaten a minor’s reputation with the intention of extorting money; he also used that device to transmit electronically the sexually explicit conduct he had enticed the minor to perform. These incidents allegedly occurred between December 31, 2011 and April 18, 2012.

The new indictment relates to the use of Skype and Facebook in which Ostrowski allegedly “took over” the Facebook accounts of individuals and subsequently blocked them from gaining access to their accounts. While residing in Pennsylvania, he allegedly used the hacked Facebook accounts to communicate with individuals in East Lansing, posing as the original Facebook account holders. Once in communication with residents, he persuaded them to perform sexually explicit acts over an internet video-telephone service, Skype. He recorded these acts and sent images to various other Facebook accounts from those that he originally compromised.

News reports state that it is not clear whether the Michigan and Pennsylvania cases are related.

Sex-related crimes are serious offenses which could result in substantial prison time and fines for those convicted. Michigan sex crimes defense attorneys know that without skilled legal representation, an individual’s life, career and reputation may be ruined forever.

March 11, 2011

Michigan Child Pornography In The Facebook Era

by Scott Grabel

In the wake of the Michigan child pornography charges filed against Evan Emory, scholars are reviewing what the standards should be concerning the sharing of digital images, often not tied to any sexual malice yet charged as a sex crime with significant and often life long consequences.

Evan Emory is facing charges of distributing child sexually abusive materials after he edited a video to make it look like elementary school children were listening to him sing a sexually graphic song. He faces 20 years in prison and placement of his name on the Michigan sex crimes registry.

As stated in a recent article from the NewYork Times the Evan Emory case has drawn strong reaction both from Muskegon residents and around the world in such far reaching places as Ireland and Australia, noting that the case “underscores the still evolving nature of the law when it comes to defining child pornography in the age of Facebook, YouTube and sexting.”

Unlike adult pornography, child pornography is not provided the same First Amendment protections because the laws presume a child is being harmed. But, the reality is that “now we have situations where people are being arrested and charged” in connection with digitally altered images, where no child was abused.

September 9, 2010

Man Lured Into Internet Sex Sting To Stand Trial

by Scott Grabel

A man lured into a sex sting has been found competent to stand trial and will appear Friday in Livingston County Circuit Court. The Detroit man was one of nine men caught in an undercover sex sting targeting individuals who use the internet to send pictures or explicit materials to minors.

With the proliferation of chat rooms and social networking sites, law enforcement agencies have increasingly set up “stings” by attempting to lure otherwise law-abiding citizens into inappropriate conversations with minors. When officers entice individuals into downloading or sharing inappropriate images over the internet, this may be used as evidence of criminal conduct, such as solicitation of a minor. However, if the police overstep their authority and violate individual’s rights, the defense of entrapment may be used to gain an acquittal or dismissal of an internet sex crimes charge.

In Michigan, entrapment occurs when the police engage in impermissible conduct that would induce a law-abiding citizen under similar circumstances to commit the crime, or police engage in conduct so reprehensible that it cannot be tolerated by the court.

March 3, 2010

Michigan College No Longer Admitting Convicted Sex Offenders

by Scott Grabel

According to WNDU local news, Lake Michigan College is no longer admitting people convicted of sex crimes against children and those listed on Michigan’s sex registry.

This broad rule could affect students who pose no threat, especially those convicted on juvenile charges who could benefit most from educational opportunities and a fresh start. In fact, studies show juveniles make up a large percentage on the Public Sex Offender Registry (PSOR).

Under current Michigan law, many non-violent sex offenders must place their names on the registry, sometimes for life. This includes non-violent sex offenders such as juveniles who have been convicted of having consensual, yet underage sex, and those convicted of “sexting,” which in some cases can be a violation of child pornography laws.

As the LMC decision shows, registering on the Public Sex Offender Registry (PSOR) may affect the everyday lives of those individuals forced to register, including the loss of job opportunities, disqualification for obtaining student loans and the freedom to attend certain schools. Often, these results are unfair and unjust, denying opportunities to those who have committed minor offenses.