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Criminal Law Keyed to Osler
United States v. Grzybowicz
Citation:
747 F. 3d 1296 (11th Cir. 2014)Facts
Defendant and Patricia Cochrum worked together at the same restaurant. Because they were friends, they planned a joint trip with each other’s families to an amusement park. Ms. Cochrum would bring her boyfriend and two children while the defendant would bring his wife and son. The day of the trip the defendant showed up himself saying his wife and son were both sick. Ms. Cochrum showed up with her boyfriend, 5-year-old son, and 2-year-old daughter. They had enjoyed the park for about 4 hours when defendant insisted that Ms. Cochrum ride a roller coaster with her boyfriend while he watched her two kinds. She accepted this seemingly kind request from her friend and entrusted her kids to his care in a public place for 5 to 10 minutes. They rejoined the kids and left the park a little bit later. On the car ride home, Ms. Cochrum’s daughter complained that her genital area was hurting. Ms. Cochrum was not overly alarmed because her daughter had a rash in that area on and off. When she got home, Ms. Cochrum noticed the adhesive straps of her daughter’s diaper were not placed properly as they had been, but she dismissed it because her daughter occasionally plays with her diaper straps.
The defendant’s wife, Bette Schuster, looked through the defendants phone 2 days after his amusement ride trip, expecting to find evidence that he was cheating on her with Ms. Cochrum. Instead, she found four photos that had been sent from his phone to his email that were of a little girl in a yellow dress’s vagina. Ms. Schuster immediately told the person she was having an affair with, Richard Bartholomay who was a police officer, who immediately called the police. After a consented search to his home and computer, officials found 79 images of child pornography in the defendant’s computer. There were also saved links to file-sharing website for child pornography. The four images found on his cellphone were taken in the exact time that he was in the care of Ms. Cochrum’s children and she confirmed that her daughter was wearing the dress seen in the background of the photos. Defendant was charged with sexual exploitation of a minor to produce child pornography, distribution of child pornography, and possession of child pornography.
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Topic Resources
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Other Crimes Against the Body