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Teacher Faces Sentencing in Porn Case

Substitute teacher Julie Amero tells it this way:

A few students were crowded around a PC; some were giggling. She investigated and saw the kids looking at a barrage of graphic, hard-core pornographic pop-ups.

Amero was nonetheless "convicted of impairing the morals of a child and risking injury to a minor by exposing as many as ten seventh-grade students to porn sites." According to the prosecution, Amero accessed the porn sites deliberately. Amero contends that she was the unwitting victim of malware.

The school district (which may have an incentive to throw Amero overboard to avoid broader blame) assures the parents of Norwich that its filtering software is usually impenetrable, at least now that they've paid the bill to keep it updated. A suspicious mind might wonder whether there's a connection between a fellow teacher's support for Amero and her firing for insubordination.

Amero rejected an offer of probation, believing a jury would understand her innocence. Although she faces 40 years, probation is a sufficient sanction given the impact the conviction is likely to have on her career. Amero will be sentenced in March.

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    yeah (none / 0) (#1)
    by Jen M on Wed Jan 24, 2007 at 07:32:32 PM EST
    no teenager has ever been able to get past filtering software

    One more reason (none / 0) (#3)
    by David at Kmareka on Wed Jan 24, 2007 at 07:51:24 PM EST
    ...to steer clear of Windows-based PCs and opt for Apple computers.

    PC vs Apple (none / 0) (#4)
    by Jen M on Wed Jan 24, 2007 at 07:53:07 PM EST
    lets not start a religious war!

    Parent
    A religious war? (none / 0) (#20)
    by David at Kmareka on Thu Jan 25, 2007 at 08:40:37 AM EST
    Would that make Apple comparable to the Sunni minority?  Gee, I hope not.

    Parent
    nah (none / 0) (#23)
    by Jen M on Thu Jan 25, 2007 at 10:19:24 AM EST
    Unix and Linux

    Parent
    Windoze cranking up the security? (none / 0) (#28)
    by Al on Thu Jan 25, 2007 at 12:55:26 PM EST
    Give me a break.

    And have you heard about the unix virus going round? It's based on the honor system. You get an email message asking you to delete your hard drive, and pass it on.

    Ask a Mac owner about viruses, not someone who is in the business of selling antivirus software.

    Parent

    Majikthise is all over this story (none / 0) (#5)
    by xaxat on Wed Jan 24, 2007 at 08:03:35 PM EST
    Here and here

    How is this possible (none / 0) (#7)
    by Joe Bob on Wed Jan 24, 2007 at 08:09:35 PM EST
    It would be a travesty if this woman spent a single day in jail.

    Someone should give the prosecutor who brought these indictments a good wallop upside the head. Multiple felonies because some junior high kids saw some porn sites? In what world is that reasonable?

    Damn right Joe Bob.... (none / 0) (#9)
    by kdog on Wed Jan 24, 2007 at 08:19:08 PM EST
    Me and my childhood friends got our hands on plenty of porn before the 7th grade...and that's pre-internet.

    Sounds like this could have happened to anybody with one simple missed mouse-click.  

    Earth to prosecutor!  Earth to jury!

    Parent

    Teacher (none / 0) (#8)
    by lindalawyer on Wed Jan 24, 2007 at 08:17:07 PM EST
    I am surprised that anyone wants to be a teacher in this country; poor pay, lack of respect by  parents and the community at large; and vulnerable to false accusations.

    the truth (none / 0) (#10)
    by zaitztheunconvicted on Wed Jan 24, 2007 at 10:17:22 PM EST
    Well, which is more likely?

    1) that a female substitute teacher, in the view of ten 13-year-old students, intentionally choose to visit dozens of porn sites rather than teaching class or reading a book;

    or

    2) that a 13-year-old disabled some filtering software while the teacher's attention was elsewhere, and, while the incident was being investigated by school officials and police, denied involvement or intentional viewing of the website, instead blaming the appearance of the pornography on the substitute teacher.

    Really!  I don't know any 13-year-olds with the means, motive and opportunity to do that!  It must have been the teacher!

    Possibility #3 (none / 0) (#11)
    by john horse on Wed Jan 24, 2007 at 10:48:19 PM EST
    Here is another possibility (found this off the majikthise links that xaxat provided).  The student looked at a website about hairstyles (something that teens might be interested in) and malware in the computer involuntarily redirected to porn sites.
    This according to a forensic expert that looked at the computer.
    http://www.hair-styles.org/ was accessed at 8:14:24 A.M., based upon the hair style images uploaded to the PC we were led to believe that there were students using the computer to search out hair styles. The user went to http://www.crayola.com/ at 8:35:27 A.M. The user continued accessing the original hair site and was directed to http://new-hair-styles.com/. This site had pornographic links, pop-ups were then initiated by http://pagead2.googlesyndication.com.

    If anyone is at fault it is the people that produce this malware and the school for not having proper filtering software (as a matter of fact it had no firewall and outdated antivirus software).

    Parent

    holy cow, batman! (none / 0) (#12)
    by cpinva on Thu Jan 25, 2007 at 12:22:20 AM EST
    this is a complete travesty. and yes, they threw her to the baying parental wolves. i especially liked the claim by the school district's IT guy, that their malware protection had only failed six times, in ten years. too f*ing funny for words. except, it isn't. and someone actually takes this bozo seriously?

    i can only assume this woman had the single most inept defense attorney in new england. geez, i'm not even an attorney, and i could have blown the prosecution out of the water.

    i hope this gets (quickly) overturned on appeal.

    oh, btw, apple didn't used to get hit as badly, with viruses & popups because, well, so few people used them, why waste the time for the 10 or 12 apple users on the net? lol

    She turned down probation before trial (none / 0) (#13)
    by Jeralyn on Thu Jan 25, 2007 at 01:40:59 AM EST
    No one turns down probation on a possible 30 year sentence unless it's on principle -- the principle that they are innocent. I agree, go read Majikthese -- she's got some great insights, including the fact that Anero was computer illiterate for the most part.

    One time in the early '90's I had to go to Miami to do a case and my laptop had died.  I borrowed one from one of the TLkid's friends. They were 12.  When I got to the fancy hotel (the brand new Delano on South Beach) I couldnt get the internet connection to work so i called the front desk for help.  He fixed it and after he left and I was browsing around on the computer and found a ton of soft porn.  I was so embarassed, what if it had popped up in court or in front of the hotel-fix-it guy.  Since then, I've never traveled with another person's computer.  

    There are just way too many explanations for this that don't point to Anero's guilt.

    It's often why we tell clients who believe they are innocent, take the probation  --  unless you were in Ohio when they said it happened, some jury might be crazy enough to convict you.  Trial by jury is always a crap shoot.  

    Parent

    Did Her Lawyer make that argument? (none / 0) (#15)
    by Jeralyn on Thu Jan 25, 2007 at 02:19:48 AM EST
    or explain that to the jury?

     but one snippet stated that the defense was barred from introducing  the malware evidence because of the failure of the defense to comply with discovery rules.

       If true, that's inexcusably bad lawyering but it is also a very unfair ruling  by the court. The client should not bear the burden of the lawyer's negligence and excluding the evidence seems an objectively improper remedy.

      Where evidence is central to the theory of the defense, the court should sanction the lawyer if necessary but then grant a continuance so that proper disclosures concerning the expert and the anticipated nature of his testimony can be made to the prosecution and it given time to adequately prepare.

      The only "prejudice" to the prosecution is surprise and that can be cured with an order of prompt disclosure and relatively brief continuance.

      I'd really like to see a decent account of this case because all of the ones even in second-step links are close to worthless.

     

    Parent

    Even if intentional... (none / 0) (#16)
    by 1980Ford on Thu Jan 25, 2007 at 02:57:11 AM EST
    Though it doesn't sound at all like it was, 40 years is too much. How deadly is giggling?

    nowanomi (none / 0) (#18)
    by cpinva on Thu Jan 25, 2007 at 08:10:06 AM EST
    i was thinking the very same thing, the jury must have been completely composed of total computer/internet illiterates. if even one had a modicum of knowledge, it would have been, at worst, a hung jury.

    back in 2004, i was using windows 2000 pro, and the then current version of IE. talk about two sieves! even with norton systemworks pro, it was all i could do to keep up.

    for the IT guy, who clearly failed his job, to then place the blame on the teacher, is inexcusable. that she was prosecuted is beginning to sound much like the duke "rape" case.

    Well (none / 0) (#19)
    by Deconstructionist on Thu Jan 25, 2007 at 08:27:52 AM EST
      There has been almost nothing wriiten here or in any of the links that even superficially describes the prosecution's case at trial.

      I have no opinion on the verdict because I have no idea what the evidence was that the prosecution used to persuade the jury that the teacher was responsible and it was not simply something beyond her control.

       I am always amused with insights that amount to  "the jury had to be stupid to convict/acquit" from people who, unlike the jury, actually heard the evidence in the case.

       The jury system is not perfect, but even among lawyers, the knee-jerk conclusion that it was an ignorant jury easily swayed by improper appeals is often wrong.

       Is there any link that actually makes an effort to describe what evidence was relied upon to make the case that the teacher was guilty?

    Huh? (none / 0) (#22)
    by peacrevol on Thu Jan 25, 2007 at 09:33:10 AM EST
    40 years? Seems a bit rediculous, even if she did intentionally show those websites. So it's possible that she could have gotten off easier if she'd been selling meth to her jr high kids instead of showing them pictures of boobies and weenies.

    I would also like to know what the prosecution's case was. Common sense makes me think that she didnt diliberately access the porn sites for the kids, but sometimes common sense is totally wrong...

    She won't get 40 years (none / 0) (#24)
    by Deconstructionist on Thu Jan 25, 2007 at 10:44:48 AM EST
      That is merely the cumulative statutory maximum applicable. She was convicted of fourt counts each carrying a 10 year max. Only if the trial court gave the max for each and ran all the sentences consecutive to one another would the sentence be 40.

      Obviously, that won't happen in this case and even if it did it would be unlikely to withstand a proportionality review on appeal.

       I don't know Connecticut law and if she is eligible for probation based on these convictions, or, if as common she is only eligible if she agrees to counseling (which often creates a dilemma because many counseling programs essentially require a person to confess to guilt in oder to "pass"-- but that's another issue for another time)

      In any event she will likely get either a very short term of incarceration or an alternative sentence even if this conviction stands.

       

    from alternet (none / 0) (#25)
    by Deconstructionist on Thu Jan 25, 2007 at 10:50:49 AM EST
    "At trial, six of Amero's former students testified that they saw pornographic images on her monitor, either from their seats, or when they came up to her desk. One student told the court that Amero pushed his face away from the screen when she saw him looking at the racy ads."

      This article is not to good either, but it may shed some light on the crux of the issue.

      It appears possible that the technical issues are being overplayed and the real issue was the credibility of the teacher v. the students.

      If she said she discovered the students looking at the ads and giggling  but the kids said SHE was looking at them on her monitor at her desk and we saw the pics when we came to her desk, it is quite possible the jury simply believed the kids.

    link to that article (none / 0) (#26)
    by Deconstructionist on Thu Jan 25, 2007 at 10:51:41 AM EST
    porn can take over a computer (none / 0) (#27)
    by eric on Thu Jan 25, 2007 at 11:54:39 AM EST
    I have fixed computers with some really, really nasty malware that would do nothing but redirect to porn and other crap.  One laptop had been used by someone's kid and was trapped in a never-ending loop of pop-ups and redirects.

    Somebody did a very poor job of defending this poor woman.  I simply find it unbelievable that she would be looking at porn in those circumstances.  It is far more likely that it was a problem with pop-ups.

    In any case, there are apparently 12 morons in Connecticut that don't agree.  I bet they voted for Lieberman, too.

    trial (none / 0) (#29)
    by diogenes on Thu Jan 25, 2007 at 03:27:51 PM EST
    the jury acted based on the information they had.  The defense lawyer and judge spectacularly erred in not making sure that the defense witness could testify.  

    yeah (none / 0) (#30)
    by Deconstructionist on Thu Jan 25, 2007 at 04:23:22 PM EST
      I agree with that. Excluding evidence is an extreme remedy and should not be invoked against a person on trial for their liberty exepet in the most egregious circumstances.

      Good news is it gives her a great issue on a motion for a new trial or on appeal if that is denied.

      My point is merely people should not attack the jury for its verdict with little to no knowledge of what the evidence preesented entailed.

    Parent

    Doesn't the prosecutor.... (none / 0) (#32)
    by kdog on Thu Jan 25, 2007 at 05:42:59 PM EST
    deserve some blame here as well?

    I can't get past asking why these charges were even brought.  Does it have to do with the current sex crime/child predator hysteria going around?

    Parent

    Kdog (1.00 / 1) (#33)
    by sarcastic unnamed one on Thu Jan 25, 2007 at 05:46:37 PM EST
    When you were a child were you ever sexually abused/predated upon?

    Parent
    nope..... (none / 0) (#34)
    by kdog on Thu Jan 25, 2007 at 06:12:39 PM EST
    Add.... (none / 0) (#35)
    by kdog on Thu Jan 25, 2007 at 06:15:41 PM EST
    People who abuse kids are the most heinous criminals in my book.

    This teacher deserved a lot more benefit of the doubt, imo.  

    Parent

    Kdog (none / 0) (#37)
    by sarcastic unnamed one on Thu Jan 25, 2007 at 06:25:31 PM EST
    I agree that from what we know it looks like the teacher got railroaded.

    Your cavalier use of the word "hysteria" applied in a general sense to current attitudes regarding those who sexually abuse and predate on children gave me some pause though...

    Parent

    Hysteria... (none / 0) (#38)
    by kdog on Thu Jan 25, 2007 at 06:40:57 PM EST
    It's a media thing I think, a new phenomena.  We hear about every heinous crime now, nation and worldwide, in the cable news/internet era.  

    I wonder if it's leading to some over-reaction in how we deal with crime.  

    Parent

    Yes (none / 0) (#39)
    by squeaky on Thu Jan 25, 2007 at 06:53:07 PM EST
    The hysteria makes normally reasonable people unreasonable. Turns them into witch hunters and lynch mobs.

    Parent
    You mean... (none / 0) (#43)
    by mack on Thu Jan 25, 2007 at 07:00:01 PM EST
    ... like the ridiculous prosecution of Matthew Bandy

    This kid was almost railroaded as well.

    And guess what exonerated him?
    Malware that infected his computer... Go figure.

    Parent

    Link (none / 0) (#44)
    by mack on Thu Jan 25, 2007 at 07:00:59 PM EST
    I almost forgot the link to the story...

    link

    Parent

    Could be. (none / 0) (#41)
    by sarcastic unnamed one on Thu Jan 25, 2007 at 06:56:24 PM EST
    OT, but how does these sound to you?

    "It's a media thing I think, a new phenomena.  We hear about every unusual weather pattern now, nation and worldwide, in the cable news/internet era.  

    I wonder if it's leading to some over-reaction in how we deal with current global weather patterns."

    or

    "It's a media thing I think, a new phenomena.  We hear about every terrorist act now, nation and worldwide, in the cable news/internet era.  

    I wonder if it's leading to some over-reaction in how we deal with terrorism."

    or

    "It's a media thing I think, a new phenomena.  We hear about every religious kook now, nation and worldwide, in the cable news/internet era.  

    I wonder if it's leading to some over-reaction in how we deal with religion."

    I guess you can insert any topic you care to...

    Parent

    iow (none / 0) (#42)
    by sarcastic unnamed one on Thu Jan 25, 2007 at 06:57:07 PM EST
    I think it depends on who's ox is being gored...

    Parent
    I agree with you to a point... (none / 0) (#45)
    by mack on Thu Jan 25, 2007 at 07:08:13 PM EST
    ... however, when an issue is about the "children", people from all over the political spectrum overreact.

    Parent
    Any topic.... (none / 0) (#46)
    by kdog on Thu Jan 25, 2007 at 08:11:39 PM EST
    the media beats to death, and if our society over-reacts to it.

    The topics that appeal to fears seem to work best, and get the best ratings.

    What brought this up in my mind was the thought that the DA'S office may have felt pressure to bring the case lest they be skewered as "soft on sex crime".  

    Parent

    All good Kdog (none / 0) (#48)
    by sarcastic unnamed one on Thu Jan 25, 2007 at 10:12:44 PM EST
    and I'm not trying to put you personally on the hot spot, but if this thread was about, for example, a case of alleged inappropriate police conduct, there would be many on this site tieing the noose.

    "It's a media thing I think, a new phenomena.  We hear about every criminal cop now, nation and worldwide, in the cable news/internet era.  

    I wonder if it's leading to some over-reaction in how we deal with cops"

    Parent

    Just so's we're clear (none / 0) (#49)
    by sarcastic unnamed one on Thu Jan 25, 2007 at 10:24:54 PM EST
    I have no specific agenda about cops (except that they are a favorite whipping boy here on TL) , it just seems to me that we all pick and choose the issues we support, and those we don't, ie., those we chalk up to "the media beating it to death, and our society over-reacting to it."

    Kind of an off-kilter/OT convo, but I really can't support describing those who are actively and aggressively concerned about child sexual abuse as being beholden to "hysteria," unless we also accept that the other concerns listed above, and just about anything else you care to name, are also hysteria.

    Parent

    I agree.... (none / 0) (#50)
    by kdog on Fri Jan 26, 2007 at 08:37:48 AM EST
    people that are genuinely concerned and work to prevent heinous sex crimes aren't beholden to hysteria.

    The parents in this case who demanded a strong police action are the hysterical ones.  

    Parent

    I think K-dog is right (none / 0) (#51)
    by peacrevol on Fri Jan 26, 2007 at 09:46:16 AM EST
    as usual. It's like the El Nino (Spanish for...The Nino) phenominon that was supposed to be such a big deal...or the Y2K bug. These are real things that the media blew completely out of proportion and turned out to not be that big of a deal. The difference between this and something that a cop may or may not have done is that cops, due to status, should be held to a higher standard for one thing, and for another, cops abusing their power could result in death for the person on the receiving end of the beating. Just ask Rodney King. Then when you've asked him, ask Reginald Denny how much worse the violence is in response to police violence than it would be for a non-violent regular citizen. There wont be LA riots about a teacher who may or may not have shown porn to her class of 7th graders.

    I do see your point though about us picking and choosing what outrages us and which sides we choose, but it is usually not without merit.

    Parent

    peace (none / 0) (#53)
    by sarcastic unnamed one on Fri Jan 26, 2007 at 10:30:10 AM EST
    I do see your point though about us picking and choosing what outrages us and which sides we choose, but it is usually not without merit.
    Yeah but, in everybody's opinion, the side they choose is usually not without merit. Right?

    Ah well, I guess that's why us humans understand we have to agree to disagree so often...

    Parent

    If that's what happened (none / 0) (#52)
    by sarcastic unnamed one on Fri Jan 26, 2007 at 10:21:22 AM EST
    The parents in this case who demanded a strong police action are the hysterical ones.
    then I agree with you regarding the parents.

    Parent
    I got that tidbit... (none / 0) (#54)
    by kdog on Fri Jan 26, 2007 at 02:59:11 PM EST
    from the link Decon provided.  Apparently the police dept. responsible for the teacher's arrest is getting flooded with irate phone calls and letters since the story broke.  The police spokesman said the parent's demanded action against the teacher.

    Parent
    Fair enough (none / 0) (#55)
    by sarcastic unnamed one on Fri Jan 26, 2007 at 03:07:00 PM EST
    sorry decon (none / 0) (#31)
    by cpinva on Thu Jan 25, 2007 at 05:38:26 PM EST
    but, you're quite emphatically, no two ways about it, 3 billion percent wrong!

    any jury, not totally composed of complete imbeciles, living solely in caves, absent running water and electricity, for the past 20 years, had to have been, at minimum, exposed to pc's, and heard/personally experienced horror stories about them.

    for one to be that completely clueless, one must be declared medically brain-dead, and not fit to serve on a jury. even my in-their 70's parents, who use a pc minimally, at best, aren't that totally unaware.

    sorry, there is no other rational explanation. as well, based on what i have read (which isn't much, since there seems to be a dearth of actual trial data available), both the judge and defense attorney suffer questionable skills.

    the good part, if there is a good part: the judge's ineptness certainly opened the appeals door wide as it can be. you could drive a truck through it.

    no, you are wrong. (none / 0) (#56)
    by Deconstructionist on Fri Jan 26, 2007 at 03:10:00 PM EST
      You don't know what evidence  the jury heard and how it was instructed. You have no idea on what basis the jury decided to credit some evidence and discredit other. You didn't hear the witnesses testify. You can't assess their demeanor. You don't know how important the technical aspects of the case were IN THE COURTROOM as opposed to in ther blogosphere. As i said before it is quite possible the technical issues were not that central to the case and the jury members WHO HEARD THE TESTIMONY determined the teacher was lying and the kids were telling the truth.

      Writing stuff like that tempts me to label someone else as clueless.

    Parent

    nope, decon, you are as wrong as wrong can be (none / 0) (#60)
    by cpinva on Sun Jan 28, 2007 at 04:34:17 AM EST
    malware = malicious software. variously known as: viruses, spyware. pretty much any application, sourced to someone else, that causes unintended consequences on an infected pc or system. these range from freezing your pc/system, to it being used as a "zombie" for (usually) illegal purposes. "spamming" is one of the most common uses of "zombie" pc's and systems.

    this case is almost simplistic:

    *IT guy fails utterly to do HIS job.

    *malware infects unprotected computer system.

    *malware causes pop-ups to porn sites, with no help required by anyone.

    *bozo "computer expert cop" (the blind leading the deaf and dumb) testifies that, based on the times, it MUST have been sub's physical contact with machine that caused it.

    *clearly, he is possessed of a crystal ball, since he wasn't actually in the classroom. in truth, he hasn't a clue who did or didn't touch the pc, at those specific times. he's guilty of perjury, because he knowingly lied on the stand.

    *all those files tell you is when they were accessed, they've not a clue who actually accessed them.

    *sub has world's worst defense atty, and an equally inept judge.

    *sub has clueless pawns for jurors. they apparently believe in the tooth fairy, and the easter bunny as well. was this the same jury that convicted scott peterson, by chance?

    go ahead decon, prove i'm wrong.

    Parent

    no, YOU are simplistic, or is it simple? (none / 0) (#61)
    by Deconstructionist on Mon Jan 29, 2007 at 07:50:39 AM EST

    "*IT guy fails utterly to do HIS job."

    Yes, but that DOES NOT ELIMINTATE THE POSSIBILITY THE TEACHER WAS INTENTIONALLY VIEWING PORN.

    "*malware infects unprotected computer system."

    DITTO

    "*malware causes pop-ups to porn sites, with no help required by anyone."

    DITTO

    "*bozo "computer expert cop" (the blind leading the deaf and dumb) testifies that, based on the times, it MUST have been sub's physical contact with machine that caused it."

      We know the cop testified that way, but we do not know the jury credited that testimony. It is possible for the jury to have believed the porn appeared on the screen initiually without action by the teacher but that THEN she willingly and intentionally continued to look at it thhus exposing the children.

    "*clearly, he is possessed of a crystal ball, since he wasn't actually in the classroom. in truth, he hasn't a clue who did or didn't touch the pc, at those specific times. he's guilty of perjury, because he knowingly lied on the stand."

    how come you can grasp this pont when it is directedat someone else and are TOTALLY OBLIVIOUS  when it is directed at you?

    "*all those files tell you is when they were accessed, they've not a clue who actually accessed them."

      So? does that LACK of information make it impossible the teacher either deliberately accessed or continued to view after they appeared without her initiation?

    "*sub has world's worst defense atty, and an equally inept judge."

      i'm not going to defend her lawyer based on what i have read. Also,  i do disagree with the ruling excluding her expert; I think that gives her a great issue on appeal.

    "*sub has clueless pawns for jurors. they apparently believe in the tooth fairy, and the easter bunny as well. was this the same jury that convicted scott peterson, by chance?"

      See the post above about obvliviousness.

    Parent

    cpinva (none / 0) (#57)
    by sarcastic unnamed one on Fri Jan 26, 2007 at 03:22:21 PM EST
    I'm 44, I use the PC and the 'net everyday. This thread is the first time I've ever heard the term "malware." And I still don't know what it is...

    Parent
    Cmon Sarc (none / 0) (#58)
    by squeaky on Fri Jan 26, 2007 at 03:28:39 PM EST
    You must have heard of worms, viruses, internet porn and popups. No?

    Malware is not the only term used to describe this stuff.

    Parent

    Heard 'em all (none / 0) (#59)
    by sarcastic unnamed one on Fri Jan 26, 2007 at 03:32:46 PM EST
    except the umbrella term "malware." Seems like a pretty logical term though, thanks, now I know.

    Parent
    The initial investigation... (none / 0) (#36)
    by mack on Thu Jan 25, 2007 at 06:23:54 PM EST
    ... was flawed from the start

    From alternet:


    Detective Mark Lounsbury, a computer crimes officer at the Norwich Police Department testified as an expert witness for the prosecution. He maintained that Amero was intentionally surfing for pornography while her seventh grade class busied itself with language arts.

    Lounsbury told the court that Amero musts have "physically clicked" on pornographic links during class time in order to unleash the pornographic pictures. However, he admitted under cross-examination that the prosecution never even checked the computer for malware.

    The tool the police used to investigate the PC:


    ComputerCOP scans the hard drive and reports on when each file was created or modified. Lounsbury says he is satisfied that Amero intentionally viewed porn in class because the logs show that her computer accessed various inappropriate sites while she was sitting at the computer.

    Keep in mind that the police did not check for malware on the computer.

    Detective Lounsbury shows just how technologically ignorant he is when he states:


    "I take that at face value," Lounsbury told Alternet. "It's evidence. It speaks for itself. The pop-up defense is a Twinkie defense."

    Lounsbury said that Amero must have navigated to pornographic sites in order to have infected her computer with obscene popups. "You've got to get that ball rolling," he said.

    It is obvious that Detective Lounsbury has no clue how to conduct an investigation in regards to computer crime.

    Detective Lounsbury, this was a p!ss poor, half-assed investigation.


    Detective Mark Lounsbury (none / 0) (#40)
    by mack on Thu Jan 25, 2007 at 06:54:26 PM EST
    Detective Mark Lounsbury's Bio from Network Performance Daily:


    Detective Mark Lounsbury is the crime prevention officer with the Norwich Police Department. He has served with the Norwich PD for 18 years - eight of them as a detective, and for the past seven years he has been the sole proprietor of the Norwich computer crime and cybercrime units, which deals with online sexual crimes against children.

    He has received training from the State of Connecticut Municipal Police Training Academy, and from the FBI in basic network intrusion and advanced network intrusion in Unix.

    It is obvious based on his comments in the alternet article that the Norwich Police Department needs to get a new detective for their computer crime and cybercrime units.

    It is unbelievable that through the entire course of his investigation he did not search for malware and states that the pop-up defense is a Twinkie defense.

    Unbelievable!


    Appeal! (none / 0) (#47)
    by 1980Ford on Thu Jan 25, 2007 at 09:05:43 PM EST
    Every case in which Detective Mark Lounsbury testified should be subject to appeal. The expert is an idiot.

    The problem with 40 years, even if she won't get 40  40 years, it that it is enough to extort a confession out of almost anyone, guilty or not.

    This is beyond absurd (none / 0) (#62)
    by lorack on Tue Feb 13, 2007 at 05:21:40 PM EST
    I cannot beleive this woman was convicted.  

    1. She was not the only person that had access to the computer.

    2. The school admits to not paying their bill for filtering software.  The school admits their software was out of date and did not have the capability to block pop up ads.

    3. Everyone knows that pop-up ads can infect any computer, esp. one that has no filtering software because someone did not pay the bill...

    What she is guilty of is a lack of common sense - does that mean we throw her in jail?  If so, I guess we better be building A LOT more prisons because I can think of about 20 people I know with less than their fair share of common sense.  

    You don't have to turn off a computer to turn off the monitor.  But then some people, even teachers (subsitute teachers) are not computer literate.  It used to be (not sure if its still true) that to turn off your Mac and its monitor you pressed one button.  Perhaps this woman thought if she turned off the monitor she was shutting down the PC?  Who knows.  

    However, I think we can all agree that she was stupid about not controlling the view to the pop ups once they appeared, but does that mean we must throw this person in jail with the REAL criminals?  I say no.  I just cannot believe that our legal system has become so useless that it cannot distinguish the truly guilty.

    Give this woman some training with computers, don't throw her in jail!  Do any of you honestly think this woman is a threat to society because she doesn't A) have much common sense and B) because she can't operate computer hardware and software?

    Ugh!