BREAKING: Richard Korn acquitted on all charges
BREAKING Richard Korn acquitted on all child porn charges #netde #courtsde. Judge found while 50 images of child porn on computer state could not prove beyond a reasonable doubt Korn knew images were there or viewed them. A tearful
Korn declined comment after saying, “I just want to go see my children”
Mitch Crane’s comments from January 16, 2013 were, at the time courageous, and now clearly prescient:
I am compelled to comment on the charges against Richard Korn and the attacks on him, too.
As a trial lawyer and former judge, I know all to well that, though most people charged with crimes are guilty, there are those charged who are not guilty.
Removing the name and political involvement of this defendant from the story and applying LOGIC to what I read about the charges, here is what I see:
1. “Someone” reported that this defendant had child pornography on is computer. Who would report this type of crime? It would be reported by:
A. Someone who saw the pornography
B. Someone the defendant told
C. Someone who “gave” the pornography to the defendant
D. Someone who placed the pornography into the computer him/herself.
Knowing the seriousness of these charges and the ramifications of such charges by themselves, it is not logical that this defendant showed pornography to anyone or told anyone. So, we are left with either someone gave it to him and set him up or someone else with access to the computers placed it there.The report is that the defendant “lives alone”, leading to the conclusion that only he would be responsible for what is on a computer in his home. While he may live alone in this home, until recently he lived there with his then wife and two children. If the defendant and his wife have since divorced and are involved in a custody fight, charges of this nature would serve to deny the defendant custody of, even visitation with his children.
The News Journal states that the defendant’s wife is a computer expert.
Knowing no more than I have read, I draw no conclusions other than there is a reason to doubt.
As to Richard Korn. He is my friend. If he is found guilty of this crime, he will receive the punishment the law requires for the offense. My friend was a key advisor to my campaign. He gave much sage advice, some of which I followed, some of which I did not follow. I lost my election by 1100 votes. I did not lose because of his involvement. I came close due to his involvement. I do not abandon my friends even when I am shocked at what they have been accused of doing-and I was shocked when I found out yesterday. What he is accused of doing is a crime. It has not always been so. Possession of Child Pornography was criminalized because it is a result of child exploitation. I understand that. However, comparing possession of such pornography to the sexual assault of children is like comparing receiving stolen property to theft.
Finally, I write this understanding that I may now be attacked. I have been advised to keep quiet. I will take that chance in the hope that the readers and bloggers of Delaware Liberal will put aside their feelings for Richard Korn ( and Eric Bodenweiser, and Vance Phillips-not even charged ) and remember the most basic tenants of liberalism and the criminal justice system-in this country an accused is presumed to be innocent until proven guilty beyond a reasonable doubt in front of a jury of his peers.
I am glad for Richard. He has been seeing his children at least occasionally since he posts about it on facebook so who knows if he’ll get much more access to them eventually.
But will he live this down and go back to lobbying at leg hall?
And have to say…..17,000 porn images is a hell of a lot of porn. I do pretty well with just a few favorites.
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Oh, myyyyyyyy … Nancy just won the internets.
Hope for Christopher Wheeler?
I’m still uncomfortable with Mitch Crane’s post which is basically accusing Korn’s ex-wife of planting the pictures.
“remember the most basic tenants of liberalism and the criminal justice system…”
I hope those tenants were paying rent, or perhaps Mr. Crane meant tenets.
In defense of Mitch’s thoughtful, now-vindicated post:
1. Conviction requires guilt be proven beyond a reasonable doubt. Mitch pointed out that case could be made that Korn’s ex had motive, means and opportunity. That argument ultimately led to the not-guilty verdict.
2. Homonyms ensnare kids in grade school and grownups over 55. The tykes grow out of them, the elders otherwise.
Are tenants and tenets homonyms?
state could not prove beyond a reasonable doubr
He’s lucky he wasn’t in college.
“Hope for Christopher Wheeler?”
One victim > 17,000 pictures.
Brock: close enough for lyricists.
@UI-
Crane was right to do so, and he wasn’t the only person who postulated the idea.
It is difficult to get a computer child porn conviction if you have any kind of competent defense. Most convictions are won against poor schlubs with no resources to mount a defense.
I personally have never seen child porn and I hope not to. But I find the technical aspects of computer forensics fascinating. I haven’t seen the case documents but I bet the critical evidence came from Korn’s independent forensic analysis. Had it been left up to the law enforcement analysis it would have been a slam dunk.
There are many ways a computer can accumulate images without you knowing it. You don’t have to be seeking to “download” pictures for your collection. The instant a picture appears in your browser, you have downloaded it. If it is in a page of 50 thumbnails, you have just downloaded 50 images in the blink of an eye. Suppose you don’t like the pictures and immediately close the browser. Too bad, you are still “in possession. ” Suppose you try to delete the pictures. Even if you know where to find them, it is incredibly difficult if not impossible to securely remove a file from a modern computer. Windows stores files in all sorts of multiple odd locations like an old sofa stores potato chips. I used to know this stuff but I lost track with the newer versions of Windows. I just installed Windows 7 for the first time (had to for business) and the first thing it did was create a 100MB hidden “system reserved” partition on my hard drive, Lord knows what for.
And if you downloaded that page of thumbnails using a peer-to-peer file sharing program, congratulations, you are now a distributor as well.
Such are the should-have-been-anticipated problems with criminalizing thoughts.