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View Full Version : HUH?!? Army colonel in child porn case had ID stolen, lawyer says



CrustySMSgt
04-11-2013, 01:12 PM
The Associated Press Tweet

Published: April 10, 2013


CARLISLE, Pa. — An attorney for a colonel at the U.S. Army War College in central Pennsylvania says identity theft is to blame for the child pornography charges against his client.

A preliminary hearing for 55-year-old Col. Robert Joel Rice has been continued until May 6. Attorney Joseph Caraciolo says his client has never possessed child pornography and was the victim of fraud and identity theft.

Investigators say Rice was arrested earlier this month and faces 120 counts after more than 10,000 files of suspected child pornography were found on his laptop. Cumberland County District Attorney David Freed says the evidence supports the charges.

Authorities say Rice's wife was interviewed Feb. 7 and said she saw child pornography on her husband's laptop, which she turned over to investigators.

http://www.stripes.com/news/army/army-colonel-in-child-porn-case-had-id-stolen-lawyer-says-1.215885



So his wife finds kiddy porn on HIS laptop, which was in HIS physical possession... turns it in, cops find over 10,000 images and he's claiming identity theft?!? Can't wait to hear his theory on how that identity theif took possesion of his laptop and uploaded the porn!

Maybe there are some smart computer goobs out there who can break this theory down? He got hacked and his computer used as a remote storage for a porn ring without his knowledge?

MrMiracle
04-11-2013, 01:50 PM
Actually, yes.

This is an emerging form of ransomware. A hacker drops a large number of files into a hidden folder on the target's hard drive. Once they establish that the target hasn't found and hasn't deleted the files, they contact and threaten to expose the target to the authorities. The ransom is usually requested in the form of Bitcoins.

Example of a similar scam recently popped up on one of my favorite tech-sites. These scams are a little more common in Europe, where bitcoin exchange is more popular.
For reference: http://www.theregister.co.uk/2013/04/05/iwf_warning_smut_ransomware/

SENDBILLMONEY
04-11-2013, 10:25 PM
So his wife finds kiddy porn on HIS laptop, which was in HIS physical possession... turns it in, cops find over 10,000 images and he's claiming identity theft?!? Can't wait to hear his theory on how that identity theif took possesion of his laptop and uploaded the porn!

Maybe there are some smart computer goobs out there who can break this theory down? He got hacked and his computer used as a remote storage for a porn ring without his knowledge?

Reasonable doubt is a wonderful thing. It's apparently the colonel's laptop. That said, it's obviously not in his sole and exclusive possession or the wife wouldn't have discovered the images. Presto, there is reasonable doubt as to whether the colonel did the downloading. Who benefits from framing the colonel? Who has sufficient acquaintance with the colonel to enough personal information to impersonate him online? The mind boggles.

Sure, he may be guilty. He may not be. I need more dots connected than "his laptop, her discovery and report."

raider8169
04-11-2013, 11:57 PM
They would still have to prove that he was the wrong end of identity theft, or at least I would hope. If that works with nothing to back it that could be used as a defense for just about any online crime.

MisterBen
04-12-2013, 12:19 AM
So his wife finds kiddy porn on HIS laptop, which was in HIS physical possession... turns it in, cops find over 10,000 images and he's claiming identity theft?!? Can't wait to hear his theory on how that identity theif took possesion of his laptop and uploaded the porn!

Maybe there are some smart computer goobs out there who can break this theory down? He got hacked and his computer used as a remote storage for a porn ring without his knowledge?

It is possible because that happened at a company I was working for. We had a server that existed in our DMZ and one day the server was moving at a crawl. We found a hidden folder (not exactly hidden) that took most of the hard disk space that had a crap load of porn videos. A hacker was able to access the server and download the files for whomever pleasure.

Forensics will need to determine the source location for the downloads; match them with his access times on his computer. Also, the location. Possibly, it was the wife who planted them haha. Sorry, an Ironside/Colombo moment.

Measure Man
04-12-2013, 12:20 AM
They would still have to prove that he was the wrong end of identity theft, or at least I would hope. If that works with nothing to back it that could be used as a defense for just about any online crime.

No, the defense does not have to prove anything.

They merely need to raise a reasonable doubt.

Yes, this defense is often used in online crimes if more than one person had access to the computer. It doesn't mean it is always successful...

Have to remember, the defense is not necessarily arguing "the truth"...but rather they are putting up the best possible defense they can think of.

CrustySMSgt
04-12-2013, 05:44 AM
Forensics will need to determine the source location for the downloads; match them with his access times on his computer. Also, the location. Possibly, it was the wife who planted them haha. Sorry, an Ironside/Colombo moment.

Unless he was smart enough to have programs to cover his tracks (which could be used against him?), it would seem pretty simple to trace his online activity to the source. Or if they were loaded from thumbdrive, when it was done.

raider8169
04-12-2013, 06:02 AM
No, the defense does not have to prove anything.

They merely need to raise a reasonable doubt.

Yes, this defense is often used in online crimes if more than one person had access to the computer. It doesn't mean it is always successful...

Have to remember, the defense is not necessarily arguing "the truth"...but rather they are putting up the best possible defense they can think of.

Reasonable doubt wouldnt happen (at least in my mind) unless they could prove identity theft or the chance of it. Than again Im not on the jury.

Pullinteeth
04-12-2013, 12:45 PM
Reasonable doubt wouldnt happen (at least in my mind) unless they could prove identity theft or the chance of it. Than again Im not on the jury.

Yep and if you admitted that during jury selection, you wouldn't be allowed to serve on the jury...