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Man’s second federal child-porn conviction sticks, 7th Circuit rules

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A man whose first federal child pornography conviction was reversed on appeal struck out in his second appearance before the 7th Circuit Court of Appeals after he was reconvicted of the same 16 counts.

Federal investigators in 2007 discovered an Internet bulletin board called “the Cache” that provided images and videos of child pornography to members around the world. The government alleged Roger Loughry was a site administrator whose online identity was “Mayor roger.” A federal jury convicted him of 12 charges of advertising child pornography, two counts of distribution of child porn and one count each of conspiracy to advertise and conspiracy to distribute the material.

At the first appeal, the 7th Circuit reversed his conviction because evidence was presented that depicted “hardcore” child porn seized from a search of Loughry’s home that was unlike that for which he was being prosecuted. The 7th Circuit ruled admission of such evidence was an abuse of discretion under Federal Rule of Evidence 403.

On retrial, federal prosecutors withheld that evidence and Loughry nonetheless was convicted on all 16 of the same counts before Judge Sarah Evans Barker of the District Court for the Southern District of Indiana. In his appeal, Loughry argued he was unfairly prejudiced when evidence seized from his home was supplied to jurors during deliberations.

“While there may be some special circumstances in which a district court would abuse its discretion by failing to exclude properly admitted evidence from the jury room on this basis, Loughry’s case does not fit the bill,” Circuit Judge Ann Claire Williams wrote for the panel in USA v. Roger Loughry, 13-1385.

“The challenged exhibit was not unfairly prejudicial because the images and videos from Loughry’s personal collection were highly probative of his identity as the (I)nternet user ‘Mayor roger’ who advertised and distributed child pornography on a site called ‘the Cache.’ The similarities between Loughry’s own child pornography and that found on the Cache made Loughry’s personal collection highly probative and justified the court’s decision to allow jurors to inspect it during deliberations,” the panel ruled.

Loughry, 60, is serving his sentence in the Petersburg (Va.) Medium Security Federal Correctional Institution and is not eligible for release for 31 years.
 

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  1. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  2. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  3. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  4. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  5. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

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