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Title: Prison Time For Viewing Porn?
Source:
ABC News
URL Source: http://abcnews.go.com/2020/LegalCenter/story?id=2785054&page=1
Published: Jan 14, 2007
Author: ABC News
Post Date: 2007-01-14 18:41:30 by Brian S
Keywords: None
Views: 311
Comments: 22
A Teenage Boy Faces Decades in Prison For Visiting Sexually Explicit Web Sites -- But Was It Really Someone Else? Jan. 12, 2007— - Sixteen-year-old Matthew Bandy was about as normal a teenager as you could find. He actually liked hanging out with his family. "He was a happy-go-lucky kid," said his mother, Jeannie Bandy. "Very personable, and big-hearted. I sound like a boastful mom, but I guess the biggest thing is that he could always make me laugh." "We went on vacations and had a lot of fun together," Matthew said. "I just enjoyed the life I was living. But after I was accused, everything changed." What was Matthew Bandy accused of? Jeannie and Greg Bandy were shocked to discover that their son was charged with possession of child pornography. One December morning two years ago, Matthew's life took a dramatic turn. In an exclusive interview with "20/20," the Bandy family reveals how the world as they knew it came crumbling down, and how Matthew's life has since changed. It has been two years since police officers stood at the doorstep of the Bandy home with a search warrant bearing a devastating charge -- possession of child pornography. "It was 6 a.m. It was still dark…there was this pounding at the door," Jeannie Bandy said. "I was petrified." Police officers stormed into the house with guns pointed. "The first thing I thought was, someone's trying to break in our house," Matthew said. "And then there [were] police officers with guns pointed at me, telling me to get downstairs." Greg Bandy was handed the search warrant and informed that the central suspect was Matthew. According to the warrant, nine images of young girls in suggestive poses were found on the Bandy family computer. Yahoo monitors chat rooms for suspicious content and reported that child porn was uploaded from the computer at the Bandys' home address. "When they asked me have you ever looked up or uploaded or downloaded erotic images of minors, I was just taken aback and…I said, 'No,'" says Matthew. Nevertheless, Matthew did have an embarrassing confession. He had been sneaking peaks at adult erotic photos on the family computer. "I got the Web site from a bunch of friends at school. [It was] just adult pornography…Playboy-like images." Difficult to admit, but not illegal -- or so it seemed. Still, it didn't look good for Matt, as police confiscated the computer and left the house that December day. A family was shattered. "I still remember when they were cleaning up and leaving and of course I was still in my pajamas and my bathrobe and my fuzzy slippers," Jeannie Bandy said. "I said, 'What do we do now? Should I contact a lawyer?' [The police officer] said, 'Well, they are felonies that the state takes very serious.'" The Bandys would soon find out just how serious the charges against Matthew were. The family hired Ed Novak, a well-respected attorney from a large law firm in downtown Phoenix. "20/20" correspondent Jim Avila asked Novak what the family was up against. "We faced 10 years per count, there were nine counts," said Novak. "If Matt was convicted, those sentences would have to be served consecutively. In other words, he would have been sentenced to 90 years in prison. He would have served time until he died." Greg and Jeannie Bandy knew their son well. They were shocked at the serious charges against him and frightened by the prospect of such a serious sentence. "He's never done any drugs," Greg said. "He never drank a drop of alcohol. He's never been a problem, never stayed out late and gotten into trouble or anything like that." Arizona child pornography laws are among the harshest in the country. As soon as Matthew was charged, he was put on virtual house arrest, and an electronic bracelet was attached to his ankle to monitor his movements 24 hours a day. "It was just terrifying. I didn't know what was going on. I didn't know why it was happening," Matthew recalled. Matthew was in an awful predicament, and he tried to keep his house arrest a secret. He wore longer pants to hide the ankle bracelet, but he was scared he would be discovered. "Yes, I was very scared," he said. "If they found out that I was wearing an ankle bracelet all of a sudden they would be wondering, why are you wearing that? And I had no good answer for them." The shy young boy could not explain how such pictures appeared on his computer hard drive. The stress of the situation got so bad for Matthew that he told his parents the charges hanging over his head made high school impossible. "He said 'Mom, I'm hurting,'" said Jeannie. "'I can't sleep. I don't want to disappoint anybody, but I just can't go on anymore.'" Matt's dreams had been destroyed and his mother was crushed. And even though there was no proof that Matthew personally downloaded those nine pictures, it would be difficult to prove his innocence. Novak said that the pictures alone were practically all the evidence the police needed. "I thought his chances of winning were probably 20 percent," said Novak. "They didn't care that I denied it," Matthew said. "They just kept on asking me and kept on thinking that I did it. They just had it built into their mind that this kid is guilty." What is so frightening about Matt's case? It could happen to anyone. "The computer had accessed a 'Yahoo' account where there was child pornography," Andrew Thomas, Maricopa County district attorney said. "That was the basis for the search warrants issued by a court." Yet, the evidence submitted by the Phoenix police department did not identify a specific user. Matt's clean reputation, his good grades and protective family could not stand up to the cold fact that child porn was on that computer. The police and the district attorney had the incriminating photos from the Bandys' computer and the prosecutors were determined to send Matt away. Matthew Bandy found himself outmatched in the national campaign against child pornography -- harsh laws designed to keep track of pedophiles and punish them severely. "They didn't care that I denied it, they just kept on asking me and kept on thinking that I did it," he said. "They just had it built in their mind that this kid is guilty, and we're going to make sure that he's convicted. No matter what the means are." The Bandy family contends that Thomas was on a mission and that his desire to convict was so strong that he ignored important evidence -- like the fact that Matthew passed a lie detector test. The fact that the test indicated that Matt was telling the truth wasn't taken into account. And that's when the Bandy family really began to fight back. They hired two polygraph examiners who confirmed Matthew was telling the truth. Then they ordered two psychiatric evaluations which concluded that Matthew had no perverted tendencies. ABC's Jim Avila asked Thomas about the results of the lie detectors tests and Matt's psychiatric evaluations. "Quite frankly, criminal defendants are not famous for being forthcoming with the facts," Thomas explained. "I'm not a big believer in polygraph tests. And certainly, they're not admissible in court. At the end of the day, we certainly felt there was a good faith reason to go forward with the prosecution." (Click here to read excerpts of Jim Avila's interview with Thomas.) Despite the positive polygraphs and psychiatric exams, the district attorney pressed on. So the Bandys and their attorney tackled the most difficult question on the table. If Matthew didn't put the pictures on the computer, how did they get there? For that answer, they turned to computer forensic expert Tammi Loehrs. "If you have an Internet connection, high speed, through, let's say, your cable company, or through the phone company, that computer is always on, and basically you have an open doorway to the outside," Loehrs said. "So the home user has no idea who's coming into their computer." Loehrs went into the Bandys' computer and what she found could frighten any parent -- more than 200 infected files, so-called backdoors that allowed hackers to access the family computer from remote locations, no where near Matthew's house. "They could be on your computer and you'd never know it," she said. Loehrs says she does not believe that Matthew uploaded those images onto his computer "based on everything I know and everything I've seen on that hard drive." But police still had those pictures, and the harsh child porn laws made going to court risky for Matthew. "All the jury would know is that there were these images on the computer," Matthew said. "And here's me sitting in the courtroom…let's blame him because he was on the computer, obviously he did it." Even if he was only convicted on one count, Matthew would have faced 10 years in jail, and have his "life ruined," said Novak. "We had no faith," said Jeannie Bandy. "Our lawyers had no faith. We were told he more than likely would end up in jail." So the Bandys took a deal from the prosecution. In exchange for dropping all counts of child pornography, Matthew pleaded guilty to the strange charge of distributing obscene materials to minors -- a "Playboy" magazine to his classmates. "To be precise, he was charged with showing [a Playboy magazine to other 16-year-olds] before school, at lunch and after school," Greg Bandy said. But the Bandy family nightmare was not over. While the prosecution deal offered no jail time for Matthew, he would still be labeled a sex offender. Under Arizona law and in most states around the country, sex crimes carry with them a life of branding. Matthew would be forced to register as a sex offender everywhere he lived, for the rest of his life. "I have to stay away from children," said Matthew. "I cannot be around any area where there might be minors, including the mall, or the movies, or restaurants or even church. To go to church I have to have written consent from our priest, I have to sit in a different pew, one that doesn't have a child sitting in it." The judge couldn't believe the prosecution was insisting on sex offender status and invited Matthew to appeal. "20/20" was there when two years of fear and misery finally ended. A message arrived from the judge, ironically on the computer, informing them that Matthew would not be labeled a sex offender. Matt and his parents had won his life back. In the den of the Bandy home sits the family computer, now unplugged from the Internet. The Bandys learned that, for them, the Web is simply too dangerous. "It means that computers are not safe," said Jeannie. "I don't want to have one in my house. Under even under the strictest rules and the strictest security, your computer is vulnerable."
A Family Shattered
A Sex Offender?
A Family Fights Back
'We Had No Faith'
'Computers Are Not Safe'
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#1. To: Brian S, Critter, *you gotta be shitting me*, Jethro Tull, Zipporah, lodwick, ALL (#0)
"I have to stay away from children," said Matthew. "I cannot be around any area where there might be minors, including the mall, or the movies, or restaurants or even church. To go to church I have to have written consent from our priest, I have to sit in a different pew, one that doesn't have a child sitting in it." 'Computers Are Not Safe' OMG. the prosecutor in this case should be shot.
It is just way to easy for anyone to put anything on someone elses computer, including the Feds looking to 'make a case'.
no kidding and knowing that, this case should never have been. this boy's life has been irreparably damaged.
But he is a minor.
The more corrupt the state, the more numerous the laws. – Tacitus
You are too kind...
Let's see here - they can run child sex-slaves into the 41 white house, barney franks can run kiddie bung-hole gangs from his home, Jeff Gannon can be summoned to the 43 white house to service who knows whom, but a kid with an on-line Playboy gets hammered? ARE YOU SHITTING ME? How much more will we endure?
"Victorious warriors win first and then go to war, while defeated warriors go to war first and then seek to win." Sun-tzu
Even fictions has some truth. In the X-Files movie one of the Mulder's informants gives him some information and says that by doing so he is putting himself at risk. Later on when Mudler visits the informant's house he is gone and a bunch of FBI goons are taking all of his computers which they claim are "loaded with kiddie porn." Later on he finds the informant in hiding and before Mulder can say a word the informant says: "Why am I hiding? I know they are after me for some made up crime. Let me guess. Kiddie porn again, right? Ah well, won't be the first time they tried that."
"The more I see of life, the less I fear death" - Me.
Christine I would have killed that prosecutor..as in D E A D..had it been my child. Hell I would have never let the cops take him in the first place. They would have been neutralized. This Fascist PoliceState BS has got to stop and I have drawn my personal line in the sand and would sacrifice my life and scores of their worthless jackboot fascist lives for my children in a heartbeat.. Enough.
In a time of universal deceit, telling the truth is a revolutionary act - - George Orwell I wouldn't shed a tear if he were. Our votes don't count, they're reading out mail and they are at war with half the globe. There are no civil answers to this mess. I hope to god it begins.
Wait just one damn minute here! It is statutory rape if anyone over 18 has sex with a minor - even if the minor consents. That is fine. It is in no way illegal if a minor has consensual sex with another minor. OK still fine. This is "natural". So even if the kid WAS guilty of looking at kiddie porn, Why in the hell should it be illegal for a minor to look at nude pics of other minors??? shouldn't this be considered "natural" as well??? What next, lock up five year olds who drop their pants out of curiosity in order to check out each others plumbing???? How much more will people take before they realize that America is a communist country?? Just the other day I was speaking with a local German business man who is simply astonished by the lack of freedom here in our country. The exact words he used is that "I feel like I am back in East Germany". All I could do was agree with him, and explain that this is only possible because of the idea of freedom that Americans think they have. This idea of freedom allows the government to continue to molest our rights on a greater scale each and every day without your average American being willing to open their eyes to the injustice. I can sympathize with your average American. We live in one of the laziest cultures I have ever heard of. If someone is to admit that there is a problem, that means that action is required. It is easier to watch "reality TV" eating industrial chemicals called snacks and pretend that there is no problem.
"Don't Steal, the government hates competition."
i know of people who live in Russia and China and say they're freer there than we are here. on their visits here, they're appalled at the obvious police state. the cops harrass them as individuals far less in their respective countries than they do here.
Agreed...along with others just like him.
How fucked up is that? Good faith reason? Someone had better tell this jerk that operating on good faith alone is no excuse for malicious prosecution. He is another asshole out to make a name for himself. I hate these pettifogger shysters with a passion.
"It is the old practice of despots to use a part of the people to keep the rest in order; and those who have once got an ascendency and possessed themselves of all the resources of the nation, their revenues and offices, have immense means for retaining their advantages." Thomas Jefferson to John Taylor, 1798
I wonder what the hell is going on in this country. People should check out what is going on with the Johnny Gosch website. There's a group of fucking sickos in this country who are all and I mean ALL interconnected who deal in the most heinous shit. The funniest thing I've seen this week, is watching my Local Fox News affiliate, and they're focusing on the kids, and NOT THE FUCKING SICKO WHO HAD THEM IN THE FIRST PLACE. THERE IS NOTHING BEING DISCUSSED ABOUT THE KIDNAPPER AT ALL. WHY??? 30 years ago, our media would have went for the goddamned jugular and got every bit of dirt on the prick who kidnapped the kids, and NOT focused on the positive message of hope that the return of these children gives other parents.
But the Bandy family nightmare was not over. While the prosecution deal offered no jail time for Matthew, he would still be labeled a sex offender. Under Arizona law and in most states around the country, sex crimes carry with them a life of branding. Matthew would be forced to register as a sex offender everywhere he lived, for the rest of his life.
#2. To: christine (#1)
If I can't convince the Gods, I shall summon the Demons...
#3. To: Brian S (#2)
#4. To: Brian S (#0)
I cannot be around any area where there might be minors
#5. To: christine (#1)
OMG. the prosecutor in this case should be shot.
Remember...G-d saved more animals than people on the ark. www.siameserescue.org
#6. To: Brian S. anyone who still gives a crap (#0)
#7. To: Brian S (#2)
It is just way to easy for anyone to put anything on someone elses computer, including the Feds looking to 'make a case'.
#8. To: christine, btp holdings, jethro tull, lodwick (#1)
(Edited)
Law Enforcement Against Prohibition
In a CorporoFascist capitalist society, there is no money in peace, freedom, or a healthy population, and therefore, no incentive to achieve these - - IndieTX
#9. To: christine (#1)
OMG. the prosecutor in this case should be shot.
#10. To: Brian S (#0)
Sixteen-year-old Matthew Bandy was about as normal a teenager as you could find. He actually liked hanging out with his family.
#11. To: ladybug (#10)
The exact words he used is that "I feel like I am back in East Germany".
#12. To: christine (#1)
OMG. the prosecutor in this case should be shot.
#13. To: Brian S (#0)
And even though there was no proof that Matthew personally downloaded those nine pictures, it would be difficult to prove his innocence. Novak said that the pictures alone were practically all the evidence the police needed.
"Quite frankly, criminal defendants are not famous for being forthcoming with the facts," Thomas explained. "I'm not a big believer in polygraph tests. And certainly, they're not admissible in court. At the end of the day, we certainly felt there was a good faith reason to go forward with the prosecution."
#14. To: Brian S (#0)
 | This country's priorities are all fucked up. |
#15. To: Brian S (#0)
we're cooked.
Galatians 3:29 And if ye [be] Christ's, then are ye Abraham's seed, and heirs according to the promise.
#16. To: ladybug (#10)
The term "communist" is too kind. We are in a "brave new world", and should just label it as it is. It is the fascist NWO.
How much more will people take before they realize that America is a communist country??
You appear to be a major trouble maker...and I'm getting really pissed. - GoldiLox, 7/27/2006
#17. To: ladybug, christine, all (#10)
I live in Mexico, as you know, and I once believed, falsely, when I lived in the states, that I was free. What an eye-opener it was when I had been here for a while and began to catch on to what freedom actually was! It is no wonder that the press in the states keeps harping about how dangerous Mexico is! Anything to keep the people from making trips in Mexico and learning the truth! I have driven to Mexico City, and have friends who have motored all over Mexico and Central America, without problems..... certainly far fewer of them than an equal trip could run into in the states!
How much more will people take before they realize that America is a communist country??
The Light travels faster than sound. This is why some people appear bright until you hear them speak.
#18. To: christine (#1)
You wanna know how easy it would be to get kiddie porn on your machine? Innocently click on a link to a site that has it and if one image loads on your computer, it can be found, forever, unless you take very specific steps to remove every single trace of the image. Because of the nature of the web, they really need to come up with some sane criteria for what constitutes possesion of kiddie porn.
When they come for your guns, take theirs.
#19. To: Brian S (#0) (Edited)
This is asinine! The state has no right to put anyone in jail because of something they come across on the Internet! For crying out loud, the boy looked at some pictures of naked girls his age, what teenage boy with access to pictures of naked girls hasn't? UNFREAKINBELIEVABLE! Now if he was a Jewish college student who burned down 9 churches in Alabama last year and then claimed it was just a prank, it would likely never make the news and he would eventually get off with serving a couple years and then be let out on probation and the major news media would never saying another word about it again.
God is always good!
"It was an interesting day." - President Bush, recalling 9/11 [White House, 1/5/02]
#20. To: christine (#11)
Russia I would believe, but China I wouldn't. China is a dictatorial nation that makes even the necons of America seem like compassionate saints.
i know of people who live in Russia and China and say they're freer there than we are here
God is always good!
"It was an interesting day." - President Bush, recalling 9/11 [White House, 1/5/02]
#21. To: Brian S (#0) (Edited)
The Bandy family contends that Thomas was on a mission and that his desire to convict was so strong that he ignored important evidence -- like the fact that Matthew passed a lie detector test. The fact that the test indicated that Matt was telling the truth wasn't taken into account. WHAT!? The boy didn't do what they claimed! Whoa! They made up a case against him! So the question should be: "What did his family or himself do that pissed of the "Jews" so much?" Because I would bet good money that some "Jew" is behind this.
God is always good!
"It was an interesting day." - President Bush, recalling 9/11 [White House, 1/5/02]
#22. To: FormerLurker (#16)
My good ol' grandad always told me that unnecessary bravery (like being brave enough to jump off the barn roof)is nothing but proof of how stupid a person is. If this is the "brave new world" I wonder what grandad would have to say about the stupidity of its citizens?
We are in a "brave new world",
"Don't Steal, the government hates competition."
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