FL - Somer Thompson, 7, Orange Park, 19 Oct 2009 #37

[Kimberlyd125]

I doubt one image = one count. After 8 years of collecting this carp I bet he has a lot of it. I'm going to do a google search on what makes up one count in child porn! Be right back!

I remember reading it somewhere.
29 counts - 24 pictures and 5 videos

I'll have to try to find it.

 

[Dee10]

I remember reading it somewhere.
29 counts - 24 pictures and 5 videos

I'll have to try to find it.

It's in the warrant
http://www.news4jax.com/download/201...df?treets=jax&[:REPORTINGDATA:]

 

[Kimberlyd125]

It's in the warrant
http://www.news4jax.com/download/201...df?treets=jax&[:REPORTINGDATA:]

Thanks Dee10...yes, it's in the warrant...24 pictures + 5 videos = 29 counts.

It is one count per image or video.

 

[LaLaw2000]

I find it strange JH and Ron Cummings have the same haircut.

Don't want to get banned, and am not implying that Ronald is a child molester, but have you ever noticed that a lot of SO's have that little dab of a short goatee? Haircut & goatee seem to be a standard from what I have seen in most SO pics.

It would seem that JH had a beard/goatee if that is him that was circled in one of the pics in a thread. I wish I could see a pic of him as he looked when he lived on Gano.

MOO's

 

[Natal]

I'm pretty sure the DA allowed for 29 counts because he can prove they belong to JH in a court of law. I'm not sure what 'one count' entails! Anybody know?

Each image is one count. If he had 10000 images they could charge him with 10000 counts, if they wanted to.

 

[LaLaw2000]

Not sure this is the right answer - from Yahoo! Anybody know? TIA

http://malaysia.answers.yahoo.com/question/index?qid=20100210110510AAoVFfZ

Best Answer - Chosen by Voters
As you can see from the non-answers you've received, it doesn't have much to do with what they actually possessed. It's up to the prosecutor how many charges to file. (This is an area where the law is really broken, IMO) They can just file one charge, or they can file one for every single picture, in which case the defendant could be (and has been) literally sentenced to hundreds of years in prison.

Mike Brooks was on HLN early this afternoon and was talking about another case. IIRC, he stated that each image could carry as much as a 5 year sentence. 29 charges X 5 years would equal 145 years. BUT, we know that in most of the cases we have seen, the offender actually gets very little time. Now IF Mike Brooks is correct about 5 years per count or image, then why don't the judge's sentence accordingly? Why give these 's so much less time than they could?

ETA: I hope that if found guilty of each of the 29 counts, the judge gives the maximum sentence allowed. .

MOO

 

[eyes4crime]

They could have arrested him back on the 12th of November. Instead they wait until the 10th of February to issue a warrent?

If you were interested in talking to him about a murder case too, why not have him in jail to use as leverage? This is very strange to me.

I don't know hounds - looks like LE were waiting for something. Maybe the DNA swab from dad showed he wasn't really the father, so they waited until JH was cooperative or was forced to give a swab. You're suggesting JH could have made a plea using the 29 counts of porn? I hope he soon gets a crim defense attorney, he's going to need one. You can bet there will be a flock of crim defense attorneys watching this case - free speech is a huge issue and if his rights are violated in any way - he will walk. Doubt LE will make mistakes. mho

 

[Kimberlyd125]

I'm thinking the possible new charges may be more child porn charges.
If they can prove the box of cds that was left behind at the apartment was JH's.

Then, I'm hopeing for other new charges. Praying for justice for Somer and her family.

 

[Sunshine77]

They could have arrested him back on the 12th of November. Instead they wait until the 10th of February to issue a warrent?

If you were interested in talking to him about a murder case too, why not have him in jail to use as leverage? This is very strange to me.

If I understand correctly, the Cyber Crime Unit only processes the computer--proving what images and videos were on the computer, where they came from (homemade or websites), as well as finding the deleted files.

After receiving the report on 12th, it would have still been up to LE to prove that JH was the one responsible for putting the images on the computer. This would probably involve subpoenas for internet service providers, bank records, particular websites, etc and all of these people would have a certain amount of time to comply with the subpoenas.

 

[crocus]

If I understand correctly, the Cyber Crime Unit only processes the computer--proving what images and videos were on the computer, where they came from (homemade or websites), as well as finding the deleted files.

After receiving the report on 12th, it would have still been up to LE to prove that JH was the one responsible for putting the images on the computer. This would probably involve subpoenas for internet service providers, bank records, particular websites, etc and all of these people would have a certain amount of time to comply with the subpoenas.

ITA........

As stated in this article by Sheriff Rick Beseler:

An investigation into any allegation of child pornography possession involves far more than simply establishing that a computer contains the illegal photos or movies. Detectives must be able to prove how it was acquired, who had possession and when. This involves the painstaking process of verifying download times, bank transactions, source of pornography and methods of payment. All this must then be linked back to a suspect before obtaining a warrant and making an arrest.To infer that the Harrell child pornography investigation somehow languished is unfair and inaccurate."
snipped.....
http://www.news4jax.com/news/22546613/detail.html

 

[crocus]

I'm thinking the possible new charges may be more child porn charges.
If they can prove the box of cds that was left behind at the apartment was JH's.

Then, I'm hopeing for other new charges. Praying for justice for Somer and her family.

I wonder if the CD's are the same ones the stepfather came across before?

 

[Kimberlyd125]

I wonder if the CD's are the same ones the stepfather came across before?

I bet those were in there along with several others he has made/collected over the years.

I guess he outgrew the tackle box and had to have a regular box for his growing collection.

JMO

 

[Noway]

This is the section JH is in violation of:

821.071 (5)

(5) It is unlawful for any person to knowingly possess a photograph, motion picture, exhibition, show, representation, or other presentation which, in whole or in part, he or she knows to include any sexual conduct by a child. The possession of each such photograph, motion picture, exhibition, show, representation, or presentation is a separate offense. Whoever violates this subsection is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.


Info on 775.082, 775.083, and 775.084.

775.082
Penalties; applicability of sentencing structures; mandatory minimum sentences for certain reoffenders previously released from prison.

775.083
Fines.

775.084
Violent career criminals; habitual felony offenders and habitual violent felony offenders; three-time violent felony offenders; definitions; procedure; enhanced penalties or mandatory minimum prison terms.

 

[Dee10]

Not that it may make much of a difference, but they only found one disk containing images in the box of disks according to the warrant.

http://www.news4jax.com/download/2010/0212/22538536.pdf?treets=jax&[:REPORTINGDATA:]

 

[houndstooth]

I don't know hounds - looks like LE were waiting for something. Maybe the DNA swab from dad showed he wasn't really the father, so they waited until JH was cooperative or was forced to give a swab. You're suggesting JH could have made a plea using the 29 counts of porn? I hope he soon gets a crim defense attorney, he's going to need one. You can bet there will be a flock of crim defense attorneys watching this case - free speech is a huge issue and if his rights are violated in any way - he will walk. Doubt LE will make mistakes. mho

Would he not be compelled to provide DNA when arrested on the porn charges? So who cares what his Dad's DNA showed! Just arrest him quietly on the porn charges in, oh say at least Dec 2009, the bank records I would think would be part of the cyber units investigations. Then you can drop by for interviews on Somer's case whenever, cause he wouldn't have been going anywhere. This playing him as a fugitive by the governors seems a bit unwarrented ( pun intended ). How could he be a fugitive when the warrent wasn't issued until AFTER he went to Mississippi. A move that could not have taken place if arrest warrents had been issued in a timely manner. But, it sure makes the Governors have some good PR they wouldn't have gotton otherwise. hmmmm.

 

[Kimberlyd125]

Not that it may make much of a difference, but they only found one disk containing images in the box of disks according to the warrant.

http://www.news4jax.com/download/2010/0212/22538536.pdf?treets=jax&[:REPORTINGDATA:]

Nevermind, I see now.

ETA: I wonder if they looked at all of the cd's or if LE looked at all of the cd's.
I find it hard to believe that JH only had one cd with child porn on it out of a box of cds.

 

[Dee10]

Nevermind, I see now.

True, there was a box of the disks in there, but only one contained images according to the warrant. The others could have been music, programs etc. CK it out.

 

[human]

I am one who totally believes that people who have child porn should be sent away forever.

I don't care how you slice it. LE did not act on this porn. I don't care it it has anything to do with Somer or not. They had it since August, so it shows how much LE cares about child porn.

LE can say what they want. The facts speak for themselves. August. Children-who cares.

 

[eyes4crime]

Would he not be compelled to provide DNA when arrested on the porn charges? So who cares what his Dad's DNA showed! Just arrest him quietly on the porn charges in, oh say at least Dec 2009, the bank records I would think would be part of the cyber units investigations. Then you can drop by for interviews on Somer's case whenever, cause he wouldn't have been going anywhere. This playing him as a fugitive by the governors seems a bit unwarrented ( pun intended ). How could he be a fugitive when the warrent wasn't issued until AFTER he went to Mississippi. A move that could not have taken place if arrest warrents had been issued in a timely manner. But, it sure makes the Governors have some good PR they wouldn't have gotton otherwise. hmmmm.

JH wasn't arrested until Feb. 11th. He was uncooperative and refused to give DNA when living at the Gano address. He left and went to Mississippi. How do you know that LE didn't tell him to stay in Florida? Three different residences and one car were searched in one day - my guess is LE suspected something - don't you think?

I am sure flocks of child porn freaks are watching this case along with crim defense attorneys - don't worry hounds - he will be afforded his Constitutional rights, and if not, he will walk! MOO

 

[crocus]

Would he not be compelled to provide DNA when arrested on the porn charges? So who cares what his Dad's DNA showed! Just arrest him quietly on the porn charges in, oh say at least Dec 2009, the bank records I would think would be part of the cyber units investigations. Then you can drop by for interviews on Somer's case whenever, cause he wouldn't have been going anywhere. This playing him as a fugitive by the governors seems a bit unwarrented ( pun intended ). How could he be a fugitive when the warrent wasn't issued until AFTER he went to Mississippi. A move that could not have taken place if arrest warrents had been issued in a timely manner. But, it sure makes the Governors have some good PR they wouldn't have gotton otherwise. hmmmm.

I understand what you're saying. To me, "Fugitive of Justice" is a legal term.

I am going to believe Beseler's statement that it took time in order to positively link these images to Harrell.

Did Harrell know, suspect or get wind of that the Buchanan's had turned his computer over to LE?