lost

[corset]

What is the name of your state?Pa
im writing this under military law,yesterday i put it under federal/state law and havent gotten any advise, so im trying it on the forum

Three years ago my husband was deployed to the middle east and i his wife sent adult porn via his military email, i did not know it was against rules or policy that this was a no no. My husband used to work for a state university in the state of Pa, in november another employee filed a complaint against my husband stating that he had looked at adult and child porno sites. the employer and husband had a pre dis hearing and the turn out was that husband was filed based on what was stored on the harddrive,, however when the it security personnel tried to open the sites of the porn they could not be opened.. the university sent the harddrive to the state police to be investigated further however to this date they cant confirmed what the pics are,, the terminology is said to be unknown.. however since my husband is in the army reserves the cid division became involved, they came over to my husband and separated my husband and myself, and they even searched my house, and found nothing...now the commanding officer of his unit is asking that he be separated from the military based on this charges. so now he has to get jag to help... while looking at the charges it states that i his wife admitted to the police at the university that i have assessed his military website,, first i dont have his military user name and his password, that statement is untrue and also while reading the charges they are inconsistant..

we have the pics that they are claming are of child porn/adult and also sex with animals. also if this was such a horrible thing why hasnt the state police gotten involved and get a search warrent and search my home.

there are only six emails involved and if the military server is soo great why cant they open the pics and get a expert to look at this pics instead of relying on title..

any advise suggestions would be of great help

 

[Crazed98]

This is a confusing situation.

So you sent him porn via email and they are saying it was child porn?

That is different then looking at a child porn website.

You say you have the pics. In what form on the computer or the actual pictures.

Why can't they look at the pictures in his email? Did he delete them? Or were the pictures linked to another site that is now gone?

If you sent the emails there should be a record on your email account of emails that you sent unless you deleted them.

The military law is different the regular US law. A lot of times you are guilty until proven innocent.

 

[corset]

thanks for replying
we still have the pics that are being said are child porn, the pics came from morpheus and site where you can download pics, he deleted them from his military email and he sent them to his private account. thewebsites that they are claiming he looked at are no longer on the net.

your last comment is very true,, guilty until proven innocent,,,
i apologize that this is very confusing,,its confusing to me as well


also is there any stature (check spelling) limitations,, the emails in question were sent three years ago..

thanks again

 

[fozzy2]

cnn.com has an article on net history privacy right now

My advice: Get a lawyer. Fast. The simple fact that so many different people are looking so hard at something that allegedly took place years ago is a sign that they "smell blood".

While the details here are unclear, cases like these raise very new and complex issues. Keep one thing in mind -- a lot of laws regarding minors are "strict accountability" matters. It's like having sex with a minor. Maybe she looks 18 and lied to you and showed you a phony birth certificate --- you are likely still a felon. This is not an area of the law you want to discover by trial and accident. An experienced criminal defense attorney is what you need. In addition, computers, networking, etc. all add legal and technical complication.

If you sent him legal porn he could be in trouble for being in violation of military regulations. If you sent him child porn both he and you could be looking at major felonies. You seem to say that the investigators can't retrieve the photos (technically 'images') themselves, but the titles of the files are indicative of illegal material. This *might* indicate that they have file logs but that the files themselves have been purged/deleted. They will expect that if they dig they will be able to find retreivable evidence. Likewise, you say they have a list of web pages he visited, but the sites are no longer active. There *might* be records of the web pages, but they could raise complex 'chain of custody' questions. (for example, the "wayback machine")

Has anyone read you or your spouse Miranda rights? Have you declined to talk and asked for an attorney?

 

[Shay-Pari'e]

thanks for replying
we still have the pics that are being said are child porn, the pics came from morpheus and site where you can download pics, he deleted them from his military email and he sent them to his private account. thewebsites that they are claiming he looked at are no longer on the net.

your last comment is very true,, guilty until proven innocent,,,
i apologize that this is very confusing,,its confusing to me as well


also is there any stature (check spelling) limitations,, the emails in question were sent three years ago..

thanks again

How do you still have the pics that we're deleted from his mail? Anyone could provide porno pics from the net. You are seriously fishing here.

You are a real class act .I saw all your mistakes in your postings.

Not worth my time.

 

[Crazed98]

How do you still have the pics that we're deleted from his mail? Anyone could provide porno pics from the net. You are seriously fishing here.

You are a real class act .I saw all your mistakes in your postings.

Not worth my time.

Paridise you need read a little more before you start accusing people.

It is possible for her to have copies of the pics if she sent them. They could be on her computer or email.

Yes he did delete the pics from his email but not before fowarding them to a personal accout.

 

[corset]

hi guys
when cid came over to the house, they did not read any rights to me or my husband, they just stated that this was an investigation.. they also asked to search the house and we gave them permission. they did not locate any child porn in the house.

if this is such a serious situation why hasnt the state police come and search and or read us our rights..
and to paradise we do have the pics in the sent files

my husband has requested the jag office to help with this matter

fuzzy2 what does it mean by wayback mean

my husband and myself has never gotten into trouble with the law,, what would the punishment be,if found guilty?

thanks again

 

[stealth2]

What I find interesting is that nowhere do you state that what they are claiming is false.

 

[Shay-Pari'e]

What I find interesting is that nowhere do you state that what they are claiming is false.

I am right there with you Stealth. So they have saved pics, unfortunately, they do not have the pics in question.

Oh! And Crazed? You have no credibility with me, so don't waste your time giving out orders, especially when most of know where it is coming from...(That, being YOU).

 

[corset]

good morning
first and foremost there are NO CHILD PORNO PICTURES.. so that is why they are not saved because none was ever sent..that was said in the beginning,, the cid and the people at the university saw titles that have mentioned child porn,,, we have the six emails that they are questioning, and when husband goes to the jag office this will be told
if they start looking at hubby email record than perhaps they need to look at everyone as a hole
also no one has read us our rights,, the CID searched my home and FOUND NOTHING, BECAUSE WE DONT HAVE ANY CHILD porn
ALSO i strongly feel that my phone is being bugged..


and also he deleted the pics from his sent account when he forwarded them to himself..

to sealth,, From the beginning of this mess, we have told them that there are no child porno,, we have claimed our innonence they are the ones who keep saying child porno without looking at the pics in volved, they are going by titles only,, what is being said dont judge a book by the cover,, also when i first posted this problem, i stated that i dont have access to his military email, and yet i was claimed to have access this to the account,, i strongly disagree with this statement... and also that it was stated that i made admissions to the police at the university, again that imformation is WRONG, I NEVER MADE STATEMENTS TO THE UNIVERSITY POLICE....so like paradise stated fishing,,
yes i admit that what i did was wrong by sending pics,, if i knew that our private lifes would be such an evil wrong i would never had done this,, and again i state there is no child porn..


there is no child porno,,

there is writting on the paperwork that he was given by his command that they still cant determine the pics,, and yet they are accusing him of this, however they have not charged him with anything,,

 

[Crazed98]

I am right there with you Stealth. So they have saved pics, unfortunately, they do not have the pics in question.

Oh! And Crazed? You have no credibility with me, so don't waste your time giving out orders, especially when most of know where it is coming from...(That, being YOU).

Once again Paradise you failed to read what corset is saying they have the pics in question.

CID just cannot find those pics.

And I don't see what credibiltiy has to do with your comprehensive reading skills.

 

[corset]

hi crazed and the others

thanks again for all the replys,,
first and foremost, there are no child porno pictures that is why cid cant locate them.
and when hubby goes to the JAG they will see what we have...

another question,, if this is sooo against military regulations why wasnt this brought to the surface when the pics were sent in june 2003,,,in my opinion because who ever was monitoring the emails sent to military personnel did not SEE any child porno.. because none was sent..


crazed, i have a strongly feeling that my phone at home is being tapped and also other things are being monitoring..and also i feel my bank account is being monitored,, i strongly hope that they dig deep because we are not into child porno or even sex with animals which they are also claiming we have pics of, how long will this investigation last?
i want my husband to have his record cleared of being accused of this ,,,
thanks again for listening

 

[Crazed98]

I'm not an expert or anything I've been in the military for 2 years and seeing how the military works, slow very slow I would guess the investigation will take a while or until they find more evdience which there isn't any.

It would be hard for the military to moniter all emails but my guess is that they use some sort of program that filters certain words such as spy, sex, bomb, suicide, ect. You get the idea. It takes a lot of man power to go through and look at these emails one by one. Many of them not being anything important. Like someone saying a bomb went off the other day or I can't wait to go home and have sex.

But in your case the picture files may have had words in it they gave them reason to believe that there might have been child porn or something of that nature as Fozzy posted earlier.

Your husband will still be in trouble for having any nude photos sent to him but far less than if it was child porn.

So your lawyer hopfully will be able prove that it was a misunderstanding show the pictures that were sent that have the same file names and get the charge dismissed.

It may also help a lot if you have a record on your email when and what you sent.

Hope this helps clear things up a little.

 

[corset]

thanks crazed
we have the dates and the other information that was attached to the emails in question

yes you did clear this matter up,,
we are awaiting the appointmen with Jag,, yes it was a horrible misunderstanding, and will never be done again

will let you and the others know how this is going

ps have a great week,

 

[Armycop]

Wow. I can't make heads nor tails of this mess. But I'll try.
To Lost: As you can tell from my sig, I'm in the LEO business, military side. First, Army CID, like any other federal agency, wouldn't expend the money, time and military resources to investigate frivolous allegations. But, we are in the business of proving or disproving allegations, so if someone from the Army Portal web server approached CID with these e-mails, then CID has an obligation to investigate. Second, because you are a civilian an have no military affiliation save your marriage to your husband (a Reservist) federal agents don't have to advise you of your Miranda rights before questioning you because: 1) you weren't in custody (they were invited into your home) and 2) the interview was non-custodial in nature (you weren't in a cop car, or police station, so there was no inference of custody; you were in your own home, and didn't have to answer any questions at all or give them permission to search your home).
Second, if these images you e-mailed to your husbands Army account aren't child porn, then you two have nothing to worry about. Possessing adult porn isn't against the law, civilian or military. Where you husband screwed up was when he forwarded these e-mails, containing the porn images, from his Army account to his personal account, USING THE MILITARY WEB SERVER!! Only then would the computer weenies get a "hit" from the url tags attached to the images. Come clean with the investigators; if you didn't transmit child porn or bestiality images, then why not talk about it?