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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. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  3. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

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  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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