RICHMOND —
The Kentucky Court of Appeals has upheld a jury’s 2011 decision to convict a former EKU student on 58 counts of felony possession of child pornography.
In its Aug. 17 ruling affirming the conviction of Samuel Crabtree, 26, the three-justice panel stated the case showed the need for technical training among legal professionals. The illegal material Crabtree was convicted of possessing was on his computer, and several times during the trial both the defense and prosecution attempted “to elicit testimony from the experts but failed because of confusion of technical terms,” the court wrote in its ruling.
“In this particular case, the evidence of guilt was overwhelming, but we anticipate that this communication gap could be damaging with weaker evidence,” the court said in the ruling.
Crabtree was convicted of 65 counts of possession of matter portraying a sexual performance by a minor and one misdemeanor count of a criminal attempt to possess child pornography. He was sentenced to serve a total of five years in the case.
Crabtree, who is being housed in the Hopkins County Jail, is eligible for parole in October, according to the Kentucky’s Parole Board website.
Crabtree had been a student at EKU in 2008 when he took his computer to an on-campus computer-repair lab, according to trial testimony. A student worker there discovered numerous videos and images on the computer portraying sex acts involving minors, and it was reported to police.
Crabtree was interviewed by police, and he “readily admitted he had used the internet to look up shock videos and that he had viewed some videos and still images that were child pornography,” according to the appeals court ruling.
However, Crabtree told police the material had “sickened” him, and he had tried to delete it.
During the trial and also in the appeal, Crabtree argued that the evidence on the computer was insufficient to prove the he knowingly possessed illegal images.
The appeals court pointed out that a previous ruling in another case determined that someone knowingly possesses child pornography when he seeks it out and downloads it to a computer. Courts also have ruled that the images and videos don’t even need to be downloaded, they just need to appear on a person’s computer screen because the person has the ability to “enlarge, save, print and share the image,” according to the ruling. This indicates possession of the material.
Crabtree said that several of the images and videos, which had been downloaded through a now-defunct peer-to-peer sharing network called Limewire, were saved in files called “saved” and “incomplete.” The court pointed out that although some of the child pornography images were in the “incomplete” file, they still could be viewed by a person.
While KSP computer forensic personnel were unable to determine how many of the files Crabtree had opened, “thumbnail” markers were saved on his computer showing a still image from the opening scene of some of the videos and smaller images of each photo.
These images were saved in a hidden Windows computer file called the “thumbcache” that still exists even after someone deletes a file, the court said.
For a thumbnail image to exist in the thumbcache, “the images had to have appeared on the screen,” meaning Crabtree had possession of them, the court ruled.
The court also noted that to have downloaded material from Limewire, the user must type in the type of file sought in a search, and the program comes up with files that match the search criteria. At that point the user must click on the file he wishes to download, and the program asks the user if he’s sure he wants to download the file. The download will not commence unless the user hits the “yes” button.
This meant Crabtree had “two opportunities to consider whether he actually wanted a file to be downloaded to his computer,” the court wrote.
The ruling stated that Crabtree alluded to the possibility that the files “mysteriously” appeared on his computer. The justices found that claim unsupported because he had to click twice in order to download a file from Limewire, and also because the downloaded material had explicit file names that “clearly stated sexual content and included the ages of the children depicted in them,” the court wrote,
The appeals court also denied Crabtree’s claims that there were trial errors involving instructions given to the jury when considering charges and also errors in the type of testimony admitted during trial.
The Court of Appeals affirmed the judgment of the Madison County Court and did not grant Crabtree’s request for a new trial.
Sarah Hogsed can be reached at shogsed@
richmondregister.com
or 624-6694
Local News
Court upholds child porn conviction
Justices urge legal professionals to get more technical training
- Local News
-
-
White Hall teachers say farewell for the summer
White Hall Elementary kindergarten assistant Patti Von Fischer said she found a poem on the Internet that seemed to fit the last day of school perfectly.
“The teachers jumped out of the windows; the principals ran for the door; the nurse and librarian bolted; they’re not coming back anymore,” Von Fischer read over the loudspeaker Friday before students left for the summer. -
Benson will be state’s third highest paid university president
When Michael Benson begins his tenure as the 12th president of Eastern Kentucky University on Aug. 1, his $400,000 salary plus benefits will make him Kentucky’s third-highest paid state university president.
Benson’s pay will be less only than that of Eli Capilouto, president of the University of Kentucky, $500,000 a year, and Gary Ransdell, president of Western Kentucky University, $423,588 a year, according to figures obtained from the state Council on Post-secondary education. -
Richmond post troopers recognized at annual ceremony
The Kentucky State Police announced the 2012 Trooper of the Year, Detective of the Year, Commercial Vehicle Enforcement Officer of the Year and other awards for acts of bravery, life-saving, professionalism and dedication to duty Friday at the Capital Plaza Hotel in Frankfort.
-
Second-grade classroom receives recognition for reading nearly 1,400 books
A project at Mayfield Elementary School has received recognition across state lines from a woman who found a balloon released in celebration of one classroom having read more than 1,000 books.
Second-grade teacher Wanda Wilson started the school year by challenging her 22 students to read a total of 1,000 books by the end of the school year. -
Pets of the Week
This week's cat is an 8-week-old female kitten. This week's dog is 1-year-old Nicki, a spayed female who does not care for horses, according to her previous owner.
-
Father/Daughter Dance is June 14 at RAAC
Dads and daughters will take to the dance floor Friday, June 14, for the second annual Father/Daughter Dance to benefit the Hope’s Wings Domestic Violence Program.
The ball will take place from 6 to 9 p.m. at the Richmond Area Arts Center, 399 W. Water St. -
Three Richmond thefts reported Tuesday-Thursday
Richmond police are investigating thefts reported from Tuesday through Thursday.
An employee of Baptist Health, Eastern Bypass, reported Thursday that her vehicle had been broken into during the evening and a small shoulder purse was stolen. The purse contained several debit/credit cards, $70 in cash, and a Pantech slider cellular telephone. Estimated loss: $595. -
Paul plans re-election bid for U.S. Senate in 2016
Republican Rand Paul will run for re-election to the U.S. Senate in 2016 regardless of any decision to launch a presidential bid. And he will campaign for his Kentucky colleague and Senate Republican Minority Leader Mitch McConnell in 2014.
-
‘Etta May’s On Her Way’ for Model Lab benefit
Laughter will fill Eastern Kentucky University’s Keen Johnson Ballroom June 8 when southern comedienne Etta May comes to town for Model Laboratory School’s first annual fundraising event.
Half of the ticket proceeds will be donated to help five Model programs: Scholarships, gifted programs, the arts, athletics and extended field trips or exchange programs, said school psychologist Ellen Rini. -
Court hearing reveals errors in trafficking case’s investigative file
A discrepancy in police records led to an unusual hearing in a drug trafficking case Thursday in Madison Circuit Court.
The attorney for 49-year-old Carla Rae Clontz made a motion earlier this month for a bill of particulars hearing. Both the prosecution and defense attorneys had noticed problems with the file numbers in Clontz’ case, and there also were different reports of the number of pills sheriff’s deputies allege were found in her home. - More Local News Headlines
-
Raw: Trucker Bumps I-5 Bridge Before Collapse
Raw: Texas Deputy Shot by Colo. Suspect Honored
Major Detours Following Wash. Bridge Collapse
American Held in Grisly Czech Murders
Raw: Jersey Shore Reopens for Summer
UK-bound Pakistan Plane Diverted, 2 Men Arrested
Officials: Tsarnaev Friend Linked to Slaying
Obama:Sexual Assault Threatens Trust in Military
Bridge Collapse Survivor: 'Rough Day'
Jersey Shore Open for Business
Raw: Memorial Day Flags Placed at Arlington
New Wheelchair Lift Promises More Access
First Person: Mom Discusses Famous Tornado Photo
Raw Video: Washington State Bridge Collapse
Boy Scouts Approve Plan to Accept Gay Boys
