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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. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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