Posted on 07/04/2014 7:03:19 AM PDT by Morgana
A Wheaton Warrenville South High School science teacher who has been on leave since his December 2010 arrest on charges of possession of child pornography has a pretrial court date this month to decide whether to accept a plea bargain offered by prosecutors.
(Excerpt) Read more at chicagotribune.com ...
My office Prosecuted a bunch of these types of cases. I prosecuted a number of them. And plea deals were indeed the order of the day. They would get LONG sentences, but these were the types of cases you wanted to end asap for any number of reasons. Of all the cases we had I think the shortest sentence was 10 years but they would routinely run 25-50 years.
The Gay parade in NYC had a whole lot of near naked men OPENLY KISSING AND FONDLING each other.
Is that considered porn or not?
I ask because then candidate Andrew Cuomo brought is young kids to watch the parade. He was criticized for doing so by his opponent Carl Paladino.
Guess who the media made the bad guy...
The article's a bit short of details... doesn't say what he's accused of, only that he's not accused of anything related to the school.
I wonder if someone simply got pissed at him and pulled up a porn site on his computer when he was out of the room then called the cops on him. Would be easy to do I suppose.
The defense is not required to share its evidence with the prosecution. If the results of the audit had looked bad for the defense, the prosecution would never know about it.
I think there is some question about his guilt.
A story just appeared yesterday in the local Boston press about a female teacher charged with statutory rape of a student...among other things.Each story I saw...on several channels...didn’t mention a single word about the child’s gender.Of course here in the Gay State that can only mean one thing....the student was female.
The defense is not required to share evidence with the prosecution?
I’m not a lawyer so bear with me. But I thought the “discovery” process in legal cases, is where both sides bring their evidence to the court. And I thought that both sides in court know what evidence will be used by the other side. And that both sides are compelled by rules of law to present the evidence they will use in the case.
I guess I’m wrong. Please advise.
Why offer a plea deal?
Just fry the sucker
How does one simply pull up a child porn site?
Probably just Google "teen porn" (or anything more explicit) and you'll likely get your cache filled with thumbnails of teen porn... some of which may very well be of illegal age.
Any student could probably sabotage an unattended teacher's computer in under a minute.
This article says they found 20 images on his computer. Usually in these stories, they find thousands and thousands of images. 20 doesn't sound to me like someone who does this sort of thing often... which makes me suspicious.
Do you think that if the audit looked bad for the defense, then the defense would use that evidence against itself in court?
The prosecution is required to share exculpatory evidence with the defense. The defense is not required to share evidence against itself with the prosecution.
If the prosecution had the hard drive examined by an expert, and it was determined the accused may not have committed a crime, the prosecution would be obligated to divulge this to the defense. The defense is not under a similar obligation.
If either party discovers evidence which they intend to use in court, they are obligated to share it during discovery.
The obligation of the defense attorney is to defend their client, regardless of guilt or innocence. The obligation of the prosecuting attorney is to pursue justice, not simply to get a conviction without regard to guilt or innocence. If they come upon evidence that the accused did not commit the crime he’s accused of, they’re obligated to share the evidence with the defense, and possibly to drop charges if the evidence compels it. Not so for the defense. They aren’t obligated to provide evidence against themselves, or to plead guilty, even if they’re guilty as sin.
If the defense had the hard drive examined, and it was revealed that the accused had in fact committed the crime, the defense would be under no obligation to volunteer the proof of guilt to the prosecutor. If they revealed the results of the audit to the prosecutor, it’s either because they chose to reveal the results to prove his innocence, or because they were required to reveal the results because they intended to use them in court to prove his innocence.
Thanks for the explanation. I had thought that during “discovery” that each side was compelled to show whatever evidence they had. Thanks for the education.
⚐ Happy 4th ⚐
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