Kiddie Porn

Judge Martha Craig Daughtrey: Sashay, shante!

[T]he role of the district judge is not to gloss over serious issues for the sake of preventing additional work for the court. Rather, in a criminal trial, the judge is entrusted with the responsibility of ensuring that the constitutional rights of the accused are safeguarded from the whims of public opinion, prejudice, and expediency.

– Judge Martha Craig Daughtrey, in an opinion reprimanding Judge David Dudley Dowd Jr. for failing to remove a juror whose comments gave “some indication that he could not decide the case fairly and impartially” (due to its unsettling subject matter, child pornography).

Earlier: Ouch! So What Does That Make Magistrate Judges?

Edward De Sear

A story that we thought couldn’t get uglier just did. Edward De Sear, a former partner at several top law firms who stood accused of child pornography distribution, pleaded guilty to four counts of distribution of child pornography and to sex trafficking of a child.

One could argue that federal sentences for mere possession or even distribution of child pornography are too high. As noted in a 2012 article in USA Today, in some cases “offenders who possess and distribute child pornography can go to prison for longer than those who actually rape or sexually abuse a child.”

But if you possess child pornography, distribute child pornography, and sexually abuse children in real life, you deserve to go away for a very long time. What kind of sentence did Edward De Sear receive?

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You don’t often see federal courts striking down conditions of supervised release as violations of substantive due process. But you don’t often see the federal government wanting to hook up a device to a man’s penis, make the man watch pornography, and see what happens. It sounds a bit… 1984 (affiliate link).

I couldn’t help noticing this opinion, given its unusual nature and its focus on the peen. I’m sure you’re all dying to learn more about the procedure known as “penile plethysmography.” (The good news: it’s not as bad as a penile embolism or penile degloving.)

You know you want to see what those Second Circuit judges are hiding underneath their robes. Let’s dig a little deeper (into the opinion), shall we?

double red triangle arrows Continue reading “Second Circuit To Feds: Don’t Touch His Junk”


Edward De Sear

Last summer, we brought you news about Saddle River, New Jersey, the beautiful town where my colleague David Lat spent his childhood (I grew up just one town over, in Upper Saddle River). But like every charming suburb, Saddle River apparently has a dark underbelly.

In July of last year, we discovered that Edward De Sear, a 64-year-old man who was an Allen & Overy partner at the time, had been arrested at his home and charged with distributing child pornography. The charge of distributing child pornography carries a mandatory minimum penalty of five years in prison and a maximum penalty of 20 years and a $250,000 fine.

De Sear was released on a $250,000 bond with electronic monitoring and never entered a plea. But it looks like the FBI was able to dig up some more information on his alleged pervy sexual preferences, because the ex-A&O partner was rearrested yesterday on eight additional kiddie porn charges.

Let’s learn more about the allegations against Ed De Sear, including details on where he supposedly viewed and trafficked child pornography….

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Erika Perdue

From former Gibson Dunn associate Moshe Gerstein to former Allen & Overy partner Edward De Sear to former Arnold & Porter associate Joshua Gessler, whenever there are allegations of a lawyer’s involvement in a child pornography scandal, we’re here to bring you all of the disgusting details. But why leave all of the disturbing activity to the men?

Last week, Erika Perdue, the wife of a “prominent Dallas intellectual property attorney,” was arrested and charged with possession of child pornography. Mrs. Perdue, a woman who’s been classified as a sultry “socialite,” has allegedly been trading kiddie porn with others — including undercover FBI agents — every day while her husband was at work, since at least 1999.

So who is the “wealthy attorney” that she’s married to? And what else do we know about these charges?

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* Alexander Wang says that he wasn’t running a sweatshop and that the former employee making the allegations was actually mean to all the other indentured servants workers. [Fashionista]

* We’re well into the phase of the Trayvon Martin investigation where people are trying to blame the victim, but until they show me a guy who was killed by a pack of Skittles, I really don’t think we’ve learned anything new. [New York Daily News]

* A sports agent tells all. [Legal Blitz]

* You don’t think your Skype chats at work are private, do you? In fairness, who still thinks anything they do at work is private? If you want to keep your privacy, you best work in disguise. I mean, you don’t really think I’m a large black man who talks about race all the time, do you? [Not-So Private Parts / Forbes]

* Defending child pornographers. Somebody has to do it, and I’m so glad it’s not me. [Underdog]

After the jump, we’ve got some video footage of Lat dancing around like heathen as he throws fresh dirt on Dewey’s grave….

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It’s hard to step back and take an objective look at what’s happening at Penn State. One man allegedly sexually molests God knows how many children, and it’s horrible, but now the entire university is under suspicion. Under siege. Under indictment in the court of public opinion.

And still, they have to go on. Teachers have to teach, grants have to be funded, and at the Penn State Dickinson School of Law, they still have to try to raise money.

But as Penn State tries to resume normal operations, the administration has to fall over itself trying to prove that they are not a university full of child rapists. They love children! When you think of Penn State, think of child abuse victims.

Wait, no, not in that way….

double red triangle arrows Continue reading “Under Siege, Penn State Law Still Has to Try to Raise Money”

If they hanged Joe Paterno from a tree and gave little boys a bat and said “whack that man like a piñata,” it probably wouldn’t hurt as much as what’s actually about to happen to JoePa.

Because while the former head coach of the Penn State football team has escaped criminal penalty in the Jerry Sandusky scandal, civil liability will be a whole different ballgame.

Penn State is going to be hit with so many civil suits over this mess that the only mirth in Happy Valley will belong to the lawyers. The only people who should be standing on Paterno’s lawn are attorneys on retainer. Things are going to get so ugly for the old football coach — and everybody on his staff, and pretty much every university official — than he can’t possibly fully appreciate it. I just hope he’s more prepared for his depositions than his press conferences.

Obviously, we don’t yet have all the facts. But just looking at the Grand Jury report should tell you that civil actions are coming….

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To me, a failure to distinguish between people who look at these dirty pictures and people who commit contact offenses lacks the nuance and proportionality I think our law demands.

– Professor Douglas Berman, commenting on the case of Daniel Enrique Guevara Vilca, a 26-year-old who was just sentenced to life in prison without the possibility of parole for child pornography possession.

(The reaction of Paul G. Cassell, former federal judge and victims’ rights expert, after the jump.)

double red triangle arrows Continue reading “Quotes of the Day: Way Harsh”

Stop sexually harassing me.

* Now trending on the Election 2012 campaign trail for Republicans: attacks on the federal court system. Be prepared for SCOTUS term limits and other ridiculous propositions. [New York Times]

* After some bratty behavior from MGA Entertainment, Orrick was allowed to withdraw as counsel. Maybe they’re using the unpaid $3.85M in legal fees to buy noses for their dolls. [WSJ Law Blog]

* Paul Ceglia’s latest lawyer, Dean Boylan, is used to working with fabricated evidence. He was just ordered to pay $300K in damages for creating some fake kiddie porn. [Bloomberg]

* Cate Edwards got married this weekend. Was daddy sporting another $400 haircut when he walked her down the aisle? [Hollywood Reporter]

* Who wins the prize for being the number one deadbeat taxpayer in New York’s Upper West Side? A lawyer with $1.2M in tax liens, that’s who. [New York Post]

* “It would be better if you didn’t wear any underwear to work.” The trials and tribulations of being a female bartender in Manhattan, now brought to you in lawsuit form. [New York Daily News]

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