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Spouse says kicked out husband committed a felony - but it boomaranged on her

davidmcbeth

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http://www.theblaze.com/stories/201...rn-now-shes-the-one-with-a-felony-conviction/

“She download[ed] in excess of 40 images of different acts of child pornography to the family computer, took it to the state police and said, ‘My husband downloaded all this porn,’” District Attorney Patrick Dougherty said.


Like many who use gun laws against their spouses, right?

Now if the husband was still living at home, he would have been guilty. Because people are stupid.
 

jackrockblc

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Jul 13, 2014
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Jefferson County, CO
Looks like she was banking on the "fact" that courts tend to automatically believe the women in domestic cases over the men. Thankfully, investigators and judges are starting figure out that this was not only wrong, but supremely unfair. They've still got a long way to go, though.
 

skidmark

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He could and should sue her for defamation and win big.

Half of what she wins would be his to begin with.:cry:

Suing her would be a costly way of proving what a [expeltive of your choice - it's been deleted] she is and thus being able to call her out on it publically without fear of being sued for slander/lible. Let the indictment and conviction stand on their own as the truth.

stay safe.
 

davidmcbeth

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What if your parents had nude pics of you taken when you were younger and you saved those on your computer. Cops find them and you go to trial, keeping your mouth shut after being contacted by the cops as one should. Then at trial you just testify "yeah, those are pics of me".

Conviction or not?
 

OC for ME

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White Oak Plantation
IIRC, nude pics of children that are NOT sexual in nature are not considered porn.

"sure, thats me. so what?"
Context is everything. Unfortunately it will needs a prosecutor to recognize the proper context...the one in which the photo was taken while he was not there to montior the event.

Judges/juries have ruled as you indicate.
 

JoeSparky

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Jun 20, 2008
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Pleasant Grove, Utah, USA
Half of what she wins would be his to begin with.:cry:

Suing her would be a costly way of proving what a [expeltive of your choice - it's been deleted] she is and thus being able to call her out on it publically without fear of being sued for slander/lible. Let the indictment and conviction stand on their own as the truth.

stay safe.

Any benefit to him for potential custody battle of kids? Seems just based on the actions allegedly done by HER that HIS stature is better than her's in the family court scenario.
 

skidmark

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Any benefit to him for potential custody battle of kids? Seems just based on the actions allegedly done by HER that HIS stature is better than her's in the family court scenario.

Not an issue. She's going to be a convicted felon, and go to prison (most likely), and will be required to register as a sex offender. That pretty much knocks out anything but (closely) supervised visits with any offspring.

stay safe.
 
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