Jake's Case — Child Pornography — Police Report

Client:  Jake, Accused
Complainant:  Peel Regional Police Service, Internet Child Exploitation Unit
Charges:  Accessing and Possession of Child Pornography

Police Report:  The accused is the Chief Executive Officer for Rapid Grainger forwarding in Mississauga, Ontario. This company has offices in Montreal, Atlanta, Moscow, Thailand, Prague, and Mexico to name a few. His employment requires that he travel regularly to these locations and others several times a year.

Some of the locations are considered high risk with regards to sexual offences against children. The writer believes that the accused may be involved in these types of offences while travelling on business.

On December 12, 2002, and May 30, 2003, the accused purchased access to a child pornography site called www.****.com. He utilized his business credit card and received passwords to enter the site via his e-mail account, jakeg10@hotmail.com.

In March 2004, Peel Regional Police internet Child Exploitation Bureau received the purchase data from the Project Falcon Task Force in New Jersey, U.S.A.

As a result, a local investigation ensued. A credit card warrant was executed and the credit card purchases were confirmed as valid.

On September 8th, 2004, the accused was arrested at 10:10 a.m. for two counts of accessing child pornography. He was read his rights to counsel and caution and transported to the airport division.

At 12:30 p.m., Justice of the Peace Fantu issued a search warrant for the accused's business premise located at 875 Border Road in Mississauga.

The search warrant was executed at 1 p.m. and computers, electric devices, and visa bills were seized as evidence.

Jake G. was interviewed on video and provided an exculpatory statement. He admitted to using Evidence Eliminator, a program on his laptop computer which destroys evidence.

Initial analysis of his laptop computer was inconclusive. The accused was released unconditionally at 7 p.m. pending further analysis of the seized data.

On October 6, 2004, a copy of 1551 images, depicting two young boys, extracted from the accused's laptop computer were sent by registered mail to Dr. Shirley Kern for expert analysis.

On March 15th, 2005, police received a complete report from Dr. Kern confirming that the two boys in the images submitted were between 13.3 and 15.3 years of age.

Of 1871 total images found on the accused's laptop computer, 616 are child pornography, 72 are nudity, and 1151 are child erotica.

The 616 child pornography is primarily two boys engaged in sex acts.

The 1151 child erotica is pictures of pre-pubescent boys in underwear and swim suits in sexual suggestive positions.

As a result, on March 22, 2005, at 2:10 p.m. the accused was arrested and charged with possession of child pornography and two counts of accessing child pornography. He was read his rights to counsel and cautions and provided an exculpatory video statement.

He was subsequently released on a Form 10 and Form 11.1 with the following conditions:

~To notify PC R*** (#1760) in person and in writing within 24 hrs of any changes in my address, employment, and/or occupation.

~To abstain from contacting and/or communicating, directly or indirectly, with any person under the age of eighteen years or from going to any place where children are likely to attend — i.e. schools, parks, pools etc., no exceptions.

~To remain in the Province of Ontario, except for the City of Montreal, for business purposes only, and other travel for business purposes only, where a complete and detailed travel itinerary is filed with PC R***, Peel Regional Police, seven days prior to travel.

~To not possess or access any pornography of any kind.

~To not access the internet except for business purposes and for contact with legal counsel.

~To not use or possess any computer or computer related device except for business purposes, the only exception being a standard cellular phone without photographic taking capabilities.

~To not use or possess any camera or video equipment of any kind.

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