No Brady violation in sex-sting case

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A defendant failed to show there was a Brady violation in his trial for enticing who he thought was an underage girl he met on the internet, the 7th Circuit Court of Appeals ruled today. Even though the government didn't know two other "underage girls" he chatted with were really police officers involved in the same sting at the time he was indicted, that information isn't enough to grant a new trial under the plain error standard.

In United States of America v. James Daniel, No. 08-2672, James Daniel was convicted of violating 18 U.S.C. Section 2442(b), which forbids knowingly persuading, inducing, enticing, or coercing an individual under 18 to engage in criminal sexual activity. Daniel communicated with Amanda_13, whom he believed was only 13, and convinced "her" to meet him at a park to have sex.

At trial, evidence was admitted of online conversations Daniel had with two other supposed underage girls - daisy13_Indiana and blonddt. The government didn't know until the sentencing phase that daisy13_Indiana was a police officer. It wasn't until the Circuit Court reviewed the case did the government learn blonddt was also a police officer. The 7th Circuit Court had dealt with another defendant caught in the same sting operation who communicated with blonddt.

Daniel claimed the government's failure to disclose the identity of these two screen names during his trial violated Brady v. Maryland, 373 U.S. 83 (1963), and he should be granted a new trial.

But the Circuit Court found this information wasn't material to his trial. The identity of these screen names doesn't impeach Secret Service agent James Kimes' testimony regarding his examination of Daniel's computer, wrote Judge Diane Wood.

"All that Daniel could have shown, had the government informed him that daisy13_Indiana and blonddt were names operated by police officers, was that Kimes did not know much about the undercover operation," she wrote. "But Kimes never said that he did know about it, and so this information would not have impeached his testimony."

Daniel also failed to prove his entrapment argument because the chats with these two screen names happened after he already initiated the chats with Amanda_13, who turned out to be a police officer.

In addition, the identity of these two screen names doesn't affect the admissibility of the conversations under Rule 404(b) or their relevance, the judge wrote. They were admitted to show Daniel's state of mind and what mattered was he believed he was chatting about sex with minor girls. There's also no reasonable probability that a jury would have acquitted him because the evidence overwhelmingly showed he used the Internet to persuade Amanda_13 to meet him to have sex.


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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...