WI WI - Kelly Dwyer, 27, Milwaukee, 11 Oct 2013 - #1

[mke2013]

Thank you for this insight into KZ...

Could I ask what your relationship is to KZ... Since you are a Verified Insider?

This information might help guide us as we ask you for additional insights...

TIA...:seeya:

I was told I wouldn't be asked that. I don't feel comfortable revealing every detail at this time.

 

[IHAVENOCLUE]

I was told I wouldn't be asked that. I don't feel comfortable revealing every detail at this time.

Thank you for your reply... :seeya:

 

[nanwv]

Exonerated? I'm not sure that's in the cards on the CP charges. I'm not a lawyer but I don't see what a possible defense may be to possession when he clearly was in possession. Can anyone here enlighten me?

Also, with respect to sentencing on the CP, is it within the judge's discretion that the time served for each count be concurrent rather than consecutive? If so, I wonder if the DA may try to strike a deal with him. Cop to Kelly's demise on a manslaughter charge (thus giving her family some closure) and all time is served concurrently (both CP and manslaughter), giving him have a chance of getting out of prison alive, otherwise be sent away forever on consecutive CP sentences.

To the horror and shame of my family we have found ourselves with a family member in the same situation as KZ regarding CP charges. We were totally blind sighted and continue to be devastated. His case is not finished, we have not been able to talk to him about anything "relevant" but it is our understanding in his case, that charges can run concurrent and most likely he will never be released. Smart, successful, fun, family man. Family has bi-polar emotions: we love him but he is where he belongs. Thru therapy and reading we are trying to understand what makes someone go "there", and how we could have someone this close, be this far into the darkside and no one had a clue. God bless those that monitor this evil on the internet.

 

[IHAVENOCLUE]

To the horror and shame of my family we have found ourselves with a family member in the same situation as KZ regarding CP charges. We were totally blind sighted and continue to be devastated. His case is not finished, we have not been able to talk to him about anything "relevant" but it is our understanding in his case, that charges can run concurrent and most likely he will never be released. Smart, successful, fun, family man. Family has bi-polar emotions: we love him but he is where he belongs. Thru therapy and reading we are trying to understand what makes someone go "there", and how we could have someone this close, be this far into the darkside and no one had a clue. God bless those that monitor this evil on the internet.

Thank you for sharing, Nanwv...

this must be overwhelming to your family...

:grouphug:

 

[SilkySifaka]

To the horror and shame of my family we have found ourselves with a family member in the same situation as KZ regarding CP charges. We were totally blind sighted and continue to be devastated. His case is not finished, we have not been able to talk to him about anything "relevant" but it is our understanding in his case, that charges can run concurrent and most likely he will never be released. Smart, successful, fun, family man. Family has bi-polar emotions: we love him but he is where he belongs. Thru therapy and reading we are trying to understand what makes someone go "there", and how we could have someone this close, be this far into the darkside and no one had a clue. God bless those that monitor this evil on the internet.

nothing wrong with still loving him but realizing he needs prison. That is a totally healthy way to think, he is still the person you loved for years, that hasn't gone away, unfortunately he was able to hide a very sick side of him

Thanks for reminding us all how easy it is not to know about it, they can hide it from close family including spouses and friends.

 

[thesaint]

Exonerated? I'm not sure that's in the cards on the CP charges. I'm not a lawyer but I don't see what a possible defense may be to possession when he clearly was in possession. Can anyone here enlighten me?
.

Ah, if the computer containing the CP were in fact at someone else's house then possession is not as clear as one would hope. Courts have repeatedly pointed to "dominion and control" as vital elements to any charge of legal possession.

Without a confession from KZ on the CP possession, they'll likely have a difficult task proving "beyond a reasonable doubt" that he possessed the CP given that he lacked "dominion and control" of the computer containing the CP.

They can/do jump through evidentiary hoops to imply/prove KZ's dominion and control of the computer at a time when the CP was on it and thus possession. But a good (read: well-funded) defense team is likely to be able to parade through a string of computer forensic experts who would poke holes in the prosecution's claims. Password protected computer, digital breadcrumbs, date-time stamps, etc--all of which can be spoofed and compromised. I think that's why LE, despite having long, digital evidentiary trails connecting specific IP's to specific file DL's, often run simultaneous busts on a large number of CP suspects at the same time--so they can catch them in physical possession of the goods

An ancillary consideration is that relative to most of the CP arrests one reads about--where 10's of thousands of files /terabytes of CP are found in a single sicko's possession--KZ's CP collection of 23(?) files barely qualifies as a collection--as offenisve and disgusting a collection as it apparently was.

It's also possible that given the EXTREMELY demented nature of the CP KZ had, that he wasn't necessarily into CP. KZ also apparently had multiple adult GF's?

It's possible that KZ's interest in those specific files was an ephemeral one of a sorta cyber-rubber-necking at a horrific event--like an ********* type interest. Also, the files were found in the default download directory for Limewire. Possibly suggesting he had a one time, disgusting interest that he hopefully didn't follow up on.

No doubt the police and forensic psychiartists and CP experts will be able to determine-- based on other files on KZ's computer/his internet browsing history etc--what KZ's overall/on-going interest in CP was. And given the challenges of proving possession, they might decide to prosecute or not based on their evaluation of why he had those files.

 

[J Block]

To the horror and shame of my family we have found ourselves with a family member in the same situation as KZ regarding CP charges. We were totally blind sighted and continue to be devastated. His case is not finished, we have not been able to talk to him about anything "relevant" but it is our understanding in his case, that charges can run concurrent and most likely he will never be released. Smart, successful, fun, family man. Family has bi-polar emotions: we love him but he is where he belongs. Thru therapy and reading we are trying to understand what makes someone go "there", and how we could have someone this close, be this far into the darkside and no one had a clue. God bless those that monitor this evil on the internet.

After I graduated from college, my first stint in LE was working on the Death Row Unit of one of the largest prisons in the US. The majority of those guys were convicted of the most heinous crimes one could imagine. I've seen a lot of them get 100s of visitations. Regardless of one's thinking and actions, there're still plenty of people who love them.

 

[UncannyCanuck]

Ah, if the computer containing the CP were in fact at someone else's house then possession is not as clear as one would hope. Courts have repeatedly pointed to "dominion and control" as vital elements to any charge of legal possession.

-snipped-

It's also possible that given the EXTREMELY demented nature of the CP KZ had, that he wasn't necessarily into CP. KZ also apparently had multiple adult GF's?

It's possible that KZ's interest in those specific files was an ephemeral one of a sorta cyber-rubber-necking at a horrific event--like an ********* type interest. Also, the files were found in the default download directory for Limewire. Possibly suggesting he had a one time, disgusting interest that he hopefully didn't follow up on.

No doubt the police and forensic psychiartists and CP experts will be able to determine-- based on other files on KZ's computer/his internet browsing history etc--what KZ's overall/on-going interest in CP was. And given the challenges of proving possession, they might decide to prosecute or not based on their evaluation of why he had those files.

They weren't on his computer (i.e. the one at his friend's place), there were on an external hard drive and a CD at his place and the criminal complaint indicates that he stated he is the only person that lives there.

Also, based on what I read in the complaint, it doesn't matter what he intended to do with it - the offense was that he possessed it.

Finally, if it gives them leverage in pressuring him to tell them what happened to Kelly, why wouldn't they prosecute him?

 

[nanwv]

To the horror and shame of my family we have found ourselves with a family member in the same situation as KZ regarding CP charges. We were totally blind sighted and continue to be devastated. His case is not finished, we have not been able to talk to him about anything "relevant" but it is our understanding in his case, that charges can run concurrent and most likely he will never be released. Smart, successful, fun, family man. Family has bi-polar emotions: we love him but he is where he belongs. Thru therapy and reading we are trying to understand what makes someone go "there", and how we could have someone this close, be this far into the darkside and no one had a clue. God bless those that monitor this evil on the internet.

Sincere thank you for all kind words. We as a family are grasping at straws trying to support each other knowing we all will deal with this in our own way in our own time. I do not want to derail this thread and keep the focus on Kelly. Would anyone know if there is a support thread on WB (or anywhere) for someone in my situation. It would be helpful to here about others means of coping besides our practicing one day at a time, staying busy, prayer and therapy. This isn't a topic we open up with to many people at this time, both legally and emotionally. Prayers for Kelly, her family and friends!

 

[IHAVENOCLUE]

They weren't on his computer (i.e. the one at his friend's place), there were on an external hard drive and a CD at his place and the criminal complaint indicates that he stated he is the only person that lives there.

Also, based on what I read in the complaint, it doesn't matter what he intended to do with it - the offense was that he possessed it.

I am so glad you mentioned this, UC!

Something was niggling me about tKZ's computer being found at KZ's apartment versus his computer being found at another person's apartment...

Here are the three articles (links) I found which leads me to believe that KZ's computer AND child videos were found AT HIS APARTMENT:

http://fox6now.com/2013/10/25/zocco-arrested-on-allegations-unrelated-to-dwyer-investigation/

Zocco arrested, charged with 17 counts of child

"According to a criminal complaint, Zocco has been charged with 17 counts of child . Police uncovered approximately 23 videos in Zocco’s apartment — some containing children as young as 2 to 3 years old."

More at link above...

 

[IHAVENOCLUE]

Second Link...

http://www.cbs58.com/news/local-news/Kris-Zocco-arrested-in-Washington-County-229270531.html

Kris Zocco charged with 17 counts of child possession

"Earlier this month, Milwaukee police executed a search warrant on Zocco's apartment while investigating the disappearance of Kelly Dwyer. Police found several CDs and an external hard drive inside a cardboard box on the floor of Zocco's apartment."

More at link above...

 

[IHAVENOCLUE]

Third Link...

http://www.jsonline.com/news/crime/...e-called-unrelated-b99128312z1-229283851.html

Boyfriend of missing Kelly Dwyer arrested again, on child charges

"Detectives came back with a search warrant and confiscated several electronics, and found about 23 video depicting children, some as young as 2 or 3, engaged in sex acts, court documents state."

More at link above...

 

[AJLH1221]

There is a website called Prison Talk. They have special forums for familys of sex offenders or someone going through what you are going through.

 

[AJLH1221]

Sincere thank you for all kind words. We as a family are grasping at straws trying to support each other knowing we all will deal with this in our own way in our own time. I do not want to derail this thread and keep the focus on Kelly. Would anyone know if there is a support thread on WB (or anywhere) for someone in my situation. It would be helpful to here about others means of coping besides our practicing one day at a time, staying busy, prayer and therapy. This isn't a topic we open up with to many people at this time, both legally and emotionally. Prayers for Kelly, her family and friends!

There is a website called Prison Talk. They have special forums for loved ones of sex offenders and people going through situations like yours.

 

[UncannyCanuck]

I am so glad you mentioned this, UC!

Something was niggling me about tKZ's computer being found at KZ's apartment versus his computer being found at another person's apartment...

Read the criminal complaint http://media.jrn.com/documents/zocco.pdf - the offending material was found in his apartment on a Maxtor external hard drive and a CD.

 

[IHAVENOCLUE]

Read the criminal complaint http://media.jrn.com/documents/zocco.pdf - the offending material was found in his apartment on a Maxtor external hard drive and a CD.

No "wiggle room" there .... is it...

JMO

 

[Woe.be.gone]

I noticed there was a search scheduled today, Saturday, at McKinley Marina.

For some reason, on WS page 19, my 'thanks' button stuck.
On page 20, it worked without refreshing. I've had to refresh after almost every time I hit 'thanks' lately to use the feature again. ???? :banghead:

 

[UncannyCanuck]

Is the marina search a community effort or official police search? Can't seem to find anything online about it.

I wonder if KZ had access to a boat there. Is so, he had an entire great lake at his disposal (pardon the pun.)

 

[IHAVENOCLUE]

I noticed there was a search scheduled today, Saturday, at McKinley Marina.

For some reason, on WS page 19, my 'thanks' button stuck.
On page 20, it worked without refreshing. I've had to refresh after almost every time I hit 'thanks' lately to use the feature again. ???? :banghead:

:seeya: That happens to me, too, periodically... And it makes me feel like my fellow posters think I am ignoring them! :giggle:

 

[IHAVENOCLUE]

Is the marina search a community effort or official police search? Can't seem to find anything online about it.

I wonder if KZ had access to a boat there. Is so, he had an entire great lake at his disposal (pardon the pun.)

No pun taken, UC!

Good question about KZ having a boat... Or having access to a boat...!

JMO