Thursday, July 18, 2013

US DOJ Indicts Public Library Child Porn Viewer: US v. Wiggins

Another public library, another child porn viewer.  This time at the Parkersburg & Wood County Public Library, Parkersburg, WV:



The library filters the Internet but turns off the filters upon request: "If a site is blocked by the internet filter, then the patron may come to the Reference Librarian to override at the Librarian's discretion."  Remember, the law allows librarians to refuse to unblock porn per Bradburn v. NCRL.  So it is possible the library itself may have been partly responsible for the crime, depending on the circumstances.  However, the facts as reported are too thin to understand much at all.

Let's see how well turning off filters upon request works:


FOR IMMEDIATE RELEASE
July 16, 2013

WOOD CO. MAN INDICTED BY A FEDERAL GRAND JURY FOR CHILD PORNOGRAPHY OFFENSE

Matthew Wiggins allegedly viewed images of child pornography during public library visit


CHARLESTON, W.Va. – United States Attorney Booth Goodwin announced today that a Wood County man was indicted by a federal grand jury sitting in Charleston for a child pornography offense. Matthew John Wiggins, 40, of Parkersburg, W.Va., was charged with access with intent to view child pornography.  The single-count indictment alleges that on January 17, 2013, Wiggins viewed images of child pornography from a computer that was located inside of the Parkersburg & Wood County Public Library.

Wiggins faces a mandatory minimum of 10 years and up to 20 years in prison because of his previous conviction in the United States District Court for the Southern District of West Virginia for possession of child pornography.

The West Virginia Internet Crimes Against Children Task Force and the Parkersburg Police Department conducted the investigation.  Assistant United States Attorney Lisa Johnston is in charge of the prosecution.

The indictment was brought as part of U.S. Attorney Goodwin's ongoing initiative to combat child sexual exploitation and abuse in the Southern District of West Virginia.

Note: The charge contained in the indictment is merely an accusation, and the defendant is presumed innocent unless and until proven guilty.

Click here to view a copy of the indictment.

SOURCE of the above:



UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF WEST VIRGINIA 
CHARLESTON GRAND JURY 2012 
JULY 16, 2013 SESSION 

FILED
JUL 16 2013
TERESA L. DEPPNER, CLERK
U.S. District Court
Southern District of West Virginia


CRIMINAL NO.   6:13-cr-00183  
                           18 U.S.C. § 2252A(a)(5)(B) 
                        18 U.S.C. § 2252A(b)(2) 


UNITED STATES OF AMERICA

v.

MATTHEW JOHN WIGGINS


I N D I C T M E N T 

The Grand Jury Charges: 

     1.   On or about January 17, 2013, at or near Parkersburg, Wood County, West Virginia, and within the Southern District of West Virginia, defendant MATTHEW JOHN WIGGINS did knowingly access with intent to view material, that is, computer graphic image files, containing images of child pornography, as defined in 18 U.S.C. § 2256(8)(A), that involved prepubescent minors and which had been shipped and transported in and affecting interstate and foreign commerce by any means, including by computer. 
     2.   At the time defendant MATTHEW JOHN WIGGINS possessed child pornography, he had a prior federal conviction in the United States District Court for the Southern District of West Virginia, that is, Possession of Child Pornography in violation of Title 18, United States Code, Section 2252A(a)(5)(B). 

     In violation of Title 18, United States Code, Sections 2252A(a)(5)(B) and 2252A (b)(2).


FORFEITURE 

     In accordance with Section 2253(a) of Title 18 of the United States Code, and Rule 32.2(a) of the Federal Rules of Criminal Procedure, and premised on the conviction of defendant MATTHEW JOHN WIGGINS of a violation of 18 U.S.C. §§ 2251 et seq., as set forth in this indictment, the defendant shall forfeit to the United States any visual depictions and any books, magazines, periodicals, films, videotapes, and other matter which contains such visual depictions, which were produced, transported, mailed, shipped, or received in connection with the violations set forth in this indictment, any real and personal property constituting or traceable to gross profits or other proceeds obtained from the violations set forth in this indictment, and any real and personal property used or intended to be used to commit or to promote the commission of the violations set forth in this indictment, including, but not limited to: 

     •   One Western Digital 250GB HDD, serial number WMAVZED46509. 

                                    R. BOOTH GOODWIN II
                                    United States Attorney

                                           /s/

                               By:  _________________________
                                    LISA G. JOHNSTON
                                    Assistant United States Attorney

SOURCE of the above:

  • "US v. Wiggins," Crim. No. 6:13-cr-00183, US DOJ, SDWV, 16 July 2013.


Shout out to the West Virginia Internet Crimes Against Children Task Force (ICAC), the Parkersburg Police Department, and the US DOJ United States Attorney and Assistant United States Attorney, SD W.Va.

As usual, the American Library Association will provide no assistance, I predict, as its policies may have been part of the problem, both with respect to the library's filtering policy and with respect to the library's policy on destruction of Internet usage data.  For example, see:





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