Chris - The Legal Issues - A Prosecutor's Perspective

This is one of the big frustrations public defenders have to deal with in their job, even with people who don't have imaginary friends.

Sequence of events usually goes like: Prosecutor gives good offer.
PD conveys to client, recommends accepting.
Client speaks to fellow guests in the jail.
Jailhouse lawyer convinces Client they shouldn't take the deal because they're gonna get off at trial/if their lawyer files the right motion.
Client wants to believe what they hear.
Client tells their actual lawyer "Nah bro we ain't taking this shit you ain't trying to help me. You just tryna fuck me. My buddy downstairs says they can't even prosecute me for this because my girl already filed to drop the charges and if she wants the charges dropped me being on bodycam beating the shit out of her and threatening to kill her doesn't matter. You gotta fight harder for me man..file a motion or some shit."
I'm in this picture and I don't like it.

Legal folks who read the news, what's the odds of this ever happening in the US someday?
Less than zero, in a post-One-Flew-Over-the-Cuckoo's-Nest world.
 
Legal folks who read the news, what's the odds of this ever happening in the US someday?

Basically none..I covered this in a longer post a bit back, but the short version is that the State governments have largely abdicated responsibility for tard wrangling to the legal system. Prisons are the new asylums. There's various reasons for this, I suspect a big one is "I want to spend your money on tards" doesn't play well with the electorate and politics is now a desirable career instead of a form of public service one enters into out of a sense of duty and honor and with some measure of reluctance.

As several people have pointed out, Chris wouldn't qualify even if it did. We are very reluctant to restrict freedoms, and Chris doesn't come anywhere near that level.

Would being convicted of a felony sink the tugboat permanently?

There are lawyers that specialize in tugboat law, and I'm not them, but I know with federal benefits they are generally suspended while incarcerated then resume afterwards. I don't know about Virginia tugboats if those are involved.
 
Agreed, official authorities won't be making many statements during the life of the case.

If in fact they find CP then yes, that changes the whole ballgame. CP cases at either level are easy, and under the seperate sovereigns doctrine both the State and Feds could prosecute. This rarely happens though, one or the other will likely take it.

As far as the corpus issue - that's mostly an issue for the rape/incest charges. There's definitely available other evidence of the financial abuse/exploitation issue and the violation of the epo.

I was actually autistic enough to look up the Virginia caselaw on this issue. The controlling case, that sums up previous caselaw, appears to be Watson v..Commonwealth.

The important take aways from that case are that you don't need extra evidence to prove all the elements of the confession or even all the elements of the crime. When an accused has furnished a full confession - which Chris likely will under police interrogation - you only need slight cooberating evidence.

Perhaps most importantly they say that "the confession is itself competent evidence tending to prove the corpus delicti, and all that is required of the Commonwealth in such a case is to present evidence of such circumstances as will, when taken in connection with the confession, establish the corpus delicti beyond a reasonable doubt." and that such evidence can be circumstantial rather than direct.

Is it possible they won't be able to get any of that evidence? Potentially. But the corpus rule isn't going to protect Chris as much as you seem to think, especially in a jurisdiction that says the confession itself is competent evidence of the corpus.
Wait so is it standard practice to look for CP in all sex offense cases or are we just conjecturing if it comes up during a device search?
 
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Wait so is it standard practice to look for CP in all sex offense cases or are we just conjecturing if it comes up during a device search?

Not all sex offense cases, in the jurisdictions I've been in. Although usually in sex crimes against children for obvious reasons.

The issue here is a device search seems likely because text messages and electronic banking issues are involved.

The poster I was replying to had stated their belief that during such a search CP would be found and I was moving forward on that hypothetical.
 
The issue here is a device search seems likely because text messages and electronic banking issues are involved.
If that's what they're looking for, then I don't think that a search warrant that describes with particularity the things to be seized would encompass .jpegs.
 
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If that's what they're looking for, then I don't think that a search warrant that describes with particularity the things to be seized would encompass .jpegs.

No, it wouldn't. But...and Virginia may differ in this... it's not uncommon to get so called phone dump warrants where you plug the computer in and pull everything off it and sort through for what we need. My understanding is these forensic programs can't just fine the one thing...and then if we see CP it's akin to if I looking for a gun, so I can look in drawers, and I open the desk draw and find a baggie of meth.

Admittedly, my understanding of tech is not great. I really pretty heavily on my investigators when it came to tech stuff.
 
Wait so is it standard practice to look for CP in all sex offense cases or are we just conjecturing if it comes up during a device search?

Let me break it down for you:

Criminals are on the whole exceptionally dumb. Most of the ones who aren't dumb are impulsive, which can be just as bad or much worse. If you are intelligent or calculating, you probably don't get caught. You selected your victims for a reason, you avoided unnecessary risks, you stayed off the radar. The exception is dumb luck, shit, look at how Timothy McVeigh got caught.

The second a sex offense acquires an electronic component securing a search warrant becomes almost trivial. Did he text the victim? Did he threaten the victim or their guardians or family? Did the victim text him? Did he use WhatsApp or facebook or similar? Did he solicit on instagram, tiktok, or the like? Did the victim attempt to add him on social media? Did you find receipts or labels for questionable items like loli onaholes or the like that were ordered online recently?

Consider also the nature of sexual crimes. The offender will reassure the victim, even if the initial offense was by force. The offense may be largely or completely consensual (even if the victim is not of age or unable to legally consent) Some children and teens will enjoy the sensation or believe it to be pleasurable. They will correspond with the offender, and often not in nearly so careful terms as to preserve his identity or the nature of their acts. The offender will encourage them to be quiet, or not disclose what happened. He will use evasive language. He may offer to buy them off. What he will NOT do is ignore them. He can't; unless he kills the kid they will talk about it or discuss it. He has to emphasize to them that it's their secret, and to definitely not let mom know. Because guess what, as soon as Mom finds out, she brings it to the cops, and they don't need a warrant for the victim's phone when mom willingly gives the cops a phone full of suggestive messages that may give them plenty of probable cause on their own.

All of those create a good reason to inspect his computer and/or phone. As for the majority of people the computer and phone share search history, cloud storage, and many accounts one will often lead to the other. And while you can recover destroyed or wiped drives in many cases, most offenders just leave it "laying around". I've found questionable photos as the desktop background (barechested old man handling a child, set to the "tiled" orientation, if you want a mental image). Most of the time it's in a folder with a relatively innocuous name and you don't need advanced training in computer forensics to locate it. Only rarely are computers passworded. Even if they are, sometimes the offender will give it to you, thinking his efforts to hide his indiscretions will be effective. Failing that he wants to play the "I didn't know that was there, it must have been a hacker or virus" excuse due to how incredibly obvious it was. If he is married or lives with his parents, they will often give you the password. A majority of the time the recently used files section will get you to the folder. If that doesn't you'll find something in their search history. Literally open their browser and type a letter in the google search box. Start with "C" and look at the suggestions that it puts up or the past searches. Major keywords will be rape, porn, child, kids, children, jb, jailbait, the like. Expect it to be interspersed with searches about what is the darkweb and what is Tor. You can search their history but some of them wipe that, even though that's only a slight inconvenience. Lots don't know you have to empty the recycle bin. The cop already requested a preservation order with Apple, Facebook, Instagram, Snapchat, Tiktok, and everything else right before you knew the heat was on and possibly before he had the search warrant.

The countermeasures that 99% of them take are totally mundane. Most criminals are not intellectually or technologically advanced. Formatting a drive if they don't physically destroy it is about all they will do. Many don't know what the individual parts do; I've seen disk drives and monitors destroyed in an attempt to prevent discovery, presumably born from a belief that those were the hard drives. Thermite dead man switches and magnet hard drive wipers? They might be out there, but not for most pedos.

It doesn't have to be from a focused attempt to find child porn specifically, but it's incredibly easy to find incidentally, and very common even if the initial offense wasn't child related. Unless someone is incredibly fixated on a particular fetish or kink, it is highly likely that the sexual proclivities of anyone willing to commit sex crimes will branch out into the more obscene and prohibited material. They very likely took photos of their victim at some point if not the actual event itself. More than one sex offender has been hung by simple exif data. Even poorly focused pictures of preteen tits make a decent impact in an interview when you point out that they were taken by a phone that is exactly the same as that owned by their victim on the date of a suspected offense...

The long and convoluted point is that getting a reason and cause to secure a search warrant for a phone and/or computer nowadays is almost braindead. And a sicko will do sicko things. Do I think Chris' computer is absolutely loaded down with cheese pizza? Probably not, but I think there is a very high likelihood that something like that may be found just based on his sexual immaturity, entitlement attitude, and the fact that he was sexually deprived and depraved enough to rape his own mother. Wherever his line is drawn, if he can fuck an 80 year old he will probably get a stiffy to a little kid too, especially if "sexualized". He is just too similar to too many I've seen just like him, when you remove the CwCville veneer anyway.

The specificity of the warrant does not have to be that great due to the lack of countermeasures employed by offenders. You are likely to find compromising material incident to a casual search... which leads to more and more. Renaming extensions to render files temporarily unusable is not a rare strategy for offenders either. All the more reason to check fishy entries. If they are on probation or parole, all the better- you get free reign without any strings attached or even needing a warrant.

Obviously rules and laws governing searchea vary greatly by jurisdiction. Electronic search law is still very much a developing area.
 
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Wait so is it standard practice to look for CP in all sex offense cases or are we just conjecturing if it comes up during a device search?
No. For one thing, cops are lazy and - well they're lazy. But here you have this guy who has a huge online presence and where you expect that there will be data that is relevant to the case on his computer.

They'll look at his devices for evidence of the crime (video of mom being raped). Some dumbass e-cop is going to have to go through his hard drives and thumb-drives and whatever else he uses. Probably will even get warrants for his email, obviously they'll take his phone and search that too. They'll look for hidden folders and - depending on who is looking at it - they can be quite sophisticated. They're looking for evidence to make out a case against him for what has, in theory, happened to his mom - but if they find anything else they'll charge him with it.

The Feds (and the states) have some programs that sift through everything and a human will review anything that has the potential for being incriminating. Also a lot of CP has a known electronic signature.

Most people are bad at being criminals though and name it like hot_mom_sex.mp4. I'm not going to write out what they call the CP shit, because this is a family site.

Edit: Unpleasant wrote out everything you need to know.
 
I really hope VA isn't progressive enough to put him in the women's jail/prison. I know he would probably get the beat down from most of them, but just the thought of him thinking he is in the merge because now he is surrounded by women in close quarters. I don't think he would be able to keep his dick or his hands to himself. It's sickening
 
Best lesson I was ever given was first day in my criminal law class. Professor enters room, writes Shut The Fuck Up on whiteboard.
Words of wisdom.
The Feds (and the states) have some programs that sift through everything and a human will review anything that has the potential for being incriminating. Also a lot of CP has a known electronic signature.
I agree that it is entirely possible he ends up charged with shit we don't even know about yet.
 
And let's be real, federal prison - especially for sex offenders - is way better than state prison.

Not sure how much we care about that but it definitely adds to your point that federal charges are the best of the probable outcomes for Chris in this situation.


There's some debate about this in the shitpost thread. And while I don't wanna OT this awesome thread, can you shed any light on conditions in US prisons where a guy who raped his mom might wind up?

Like, what are the likeliest or most common scenarios? Assuming you know, of course,.
 
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There's some debate about this in the shitpost thread. And while I don't wanna OT this awesome thread, can you shed any light on conditions in US prisons where a guy who raped his mom might wind up?

Like, what are the likeliest or most common scenarios? Assuming you know, of course,.
I’d think for someone like Chris there’s a high likelihood he ends up in some type ad-seg or protective custody pretty quickly. With his lack of social awareness and inability to follow any type of structured lifestyle, there is a high chance he’ll end up making his own life miserable in short order. The unfortunate part is that confinement like that is maddening for even the sanest of individuals.

Edit: I should add that, if there’s reasonable fear on behalf of the prisoner, they can request protective custody in some cases. Not that I think Chris would do that on his own because it would require a degree of self awareness, but there’s possibility that that his counsel works with him on something like that pending a plea deal or conviction. But let’s be real, it’s a plea deal all day.
 
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Chris will go to a minimum security camp unless he acts like such a tard that they put him in restrictive housing for his own good. He may go to a medical camp depending on the level of care they feel he needs. Don't confuse that with a psych ward, they have to keep old and disabled inmates somewhere.

Those camps are pretty laid back in general. My opinion of most lower and medium custody units in VA was not negative; yes, prison sucks in general but I always found them to be nicer than WV, KY, SC, or NC prisons. That said the further south you go the more niggo ridden the prisons get and that makes a big difference too.

In a prison like that (medical focused camps), you get a dorm type setting, lockdown outside of headcounts and lights out is low, the staff tends to be friendlier as they're not quite so cautious about getting shanked, and educational opportunities tend to be greater. I knew a guy in a different state who tried to pretend to be crazy to get transferred to a medical unit. He jammed a pencil down his dickhole and it broke in half. He told me they had OG Xboxes in that camp, the xbawks hueg kind. This would have been in the early 2010s. I have not seen anything like that before or since so I think he may have been repeating an untrue rumor. He never made it to the med camp anyway.

Note that few people serve extensive sentences in single prisons; inmates can apply for transfers for a multitude of reasons. Training, work release, or education are all valid reasons. In some states sex offender treatment classes are focused on a few camps, due to the security risk of putting lots of sex offenders in gen pop. Even if they hide their offense, many sex offenders are wimpy loser white dudes so it shows.

Yes, sex offenders get attacked in prison. No, it isn't as common as people think.

Dependent on nothing particularly new being found I am doubtful that Chris will go to prison. I think he will receive a split term if he remains in custody and a probationary sentence. Such a finding for a first time felony offense would not be uncommon. Remember that as nasty as this is, a huge number of sex offenses are incestual in nature. For nonviolent penetrative offenses grandpa on granddaughter or dad on stepkid (not really incestual per se but you get the point) is about the most common victim-based offense you will get (VA probably still classes this as sexually violent but I mean non-forcible rape in this context). Chris is not an exceptional case at all, he's actually a lot milder than many, and his prior record is not going to provide much if any aggravation to his sentence (probably none).

If he sits long enough or violates his bond and is held after his eventual release and gets enough pretrial credit, he may get a straight probationary sentence. That would not surprise me at all.

Now if they find something else, charge him with aggravated elder abuse, or locate something completely unexpected? All bets are off.
 
There's some debate about this in the shitpost thread. And while I don't wanna OT this awesome thread, can you shed any light on conditions in US prisons where a guy who raped his mom might wind up?

Like, what are the likeliest or most common scenarios? Assuming you know, of course,.
Given Chris' well-documented autism, his trannyism, and the nature of his crime, and his other health problems, the most likely scenario is that he gets placed in a special needs unit of some kind. It's not like he's the first mentally ill person involved with the penal system. Possibly the Deerfield Correctional Center. That is if he actually gets sent to prison (something that is by no means guaranteed at this point.) It's highly unlikely that he gets put in gen pop or in a women's prison like other people are saying.
 
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There's some debate about this in the shitpost thread. And while I don't wanna OT this awesome thread, can you shed any light on conditions in US prisons where a guy who raped his mom might wind up?

Like, what are the likeliest or most common scenarios? Assuming you know, of course,.

So this really depends.

If he goes Fed, it's not so bad. Chomos and other sex pests generally end up at low security with a bunch of white collar offenders. They're fairly safe there because everyone is just trying to do their time and nobody wants to go to a more secure less fun facility for beating up a sex offender.

There's around ten, I think, Bureau of Prisons facilities that specialize in sex offender management and offer sex offender treatment So most sex offenders end up there, concentrating the population somewhat. FCI Seagoville in Texas is a common/popular destination for sex offenders. I don't know where the other ones are.

If he goes State, oh boy.

I don't know anything about the Virginia prison system but Federal is pretty much always preferable to State even for inmates who aren't sex offenders. In the two state systems I'm familiar with, sex offenders also typically go to the lower end of the classification system...the last rapist I sent down is currently at a minimum security facility, for example.

The benefits of low classification still accrue in terms of inmates being less willing to risk getting moved by starting to trouble, but access to therapy is a lot less likely and the chances of getting moved to a facility for it a lot less because there might only be one prison that offers it in the State and no beds there and so forth.

State facilities are as a rule less modern and less well manages than the Bureau of Prisons. More frequent staff turnover and so on.

The other factor here is Chris himself. He may very well end up being forced into protective custody because he's too autistic to realize constantly talking to everyone who will listen about Sonichu and the merge, or commenting on pictures of an inmate's kids he has up in his cell, will not end well. Even people who don't want trouble have their limits. Also, his hygiene will definitely be an issue.

There's also the possibility Chris is put into protective custody by the administration once they realize how likely he is to get taken advantage of - people with his naivety who are super easy to manipulate get into a lot of trouble in prison.

Bizarrely though, if his posts about enjoying cock in his ass and so forth are true he might do well in prison. I don't mean this like a ha ha prison rape joke - rape in prison is actually very rare these days, in part due to the Prison Rape Elimination Act which amongst other things requires a lot of training for inmates and staff on rape prevention and avoidance and PREA audits of facilities. However, there is definitely a place for those men who willingly act the part of girls. Being a troon in prison can be quite a cushy existence, in so far as anything in prison can. The sisters will show him how to do makeup with whatever they can get their hands on, how to make prison clothes cute etc. Of course in reality his autism and inability to shut up will ruin his chances of being part of the sisterhood.

As hilarious as it is to imagine Chris starting gang warfare because of the 'niggos' and such, that's really an issue at the higher security levels.

The reality is, whether he goes State or Fed, Chris isn't exactly gonna have a fun time but his time served will likely be relatively unremarkable...he'll be far from the most eccentric or annoying person there. Prison is full of people like him.
 
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There's some debate about this in the shitpost thread. And while I don't wanna OT this awesome thread, can you shed any light on conditions in US prisons where a guy who raped his mom might wind up?

Like, what are the likeliest or most common scenarios? Assuming you know, of course,.
I'm curious and going into the speculative end of this as well, also, not familiar with VA facilities but thinking about the state I'm from... as I read below there was some speculation if incarcerated in a state facility he would be put in some form of special population.... what about a MHU (mental health unit)? Here, or at least going back some years because the information I have isn't first hand but colloquially given by an employee of said unit, that's where the "bugs" (their description) were kept, more or less as a means to keep them safe from general AND afford some interaction over SHU (special housing or isolation) However, where my contemplation takes me is one that we've been considering in other areas since this all erupted, what qualifies someone for such a unit, is it objective criteria or case by case? Also is it for more acute episodes/issues or includes long term housing on such a unit?
I can refer to the individual I got the general information from but again, they've been retired and it's not VA, so it's VERY speculative. Anyone have firsthand insight into Corrections that can shed some light?
 
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To step in on an element I actually have experience with, I've dealt with forensic software/hardware during my stint in computer consulting. Basically most of them work by either plugging into the device or taking the drives out and plugging the drives into your forensic equipment. It then mirrors the drives onto duplicate partitions, so even if someone got cute with a 'wipe my drive if I don't put in the right password' setup, it doesn't matter since they have an image of the entire drive that can be reloaded at will. It then proceeds to ream the shit out of the drive and vacuum out anything and everything of possible interest. Emails, documents, images, it grabs everything and dumps it all in a collection for later browsing.
So "will they search Chris's computer for CP" is not really what'll happen. The forensic software will be snatching out anything that might be relevant, and if there's CP in the mix, the person operating the software will certainly notice it after a couple seconds of flipping through any pictures it found. They don't need to be going in to specifically find CP.
 
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