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Topic	Man found unconscious as CP scrolled on his computer can't beat jail term.
Lebronwon 09/16/18 6:29:01 PM #1:	https://www.pennlive.com/news/2018/09/choking_man_found_unconscious.html A Cumberland County man who was found unconscious on the floor as child pornography scrolled across the screen of his home computer can't beat a conviction for possessing those illegal images, a state Superior Court panel has ruled. Despite Daniel L. Smyser's claims to the contrary, the evidence supports his conviction and the 1- to 2-year county prison term he received, President Judge Emeritus Correale F. Stevens found in the state court's opinion. According to court filings, a state trooper and an ambulance crew rushed to Smyser's Carlisle-area home on Aug. 27, 2015 in response to a 911 call. The caller could only make choking sounds. The rescuers found Smyser, the home's only occupant, unconscious on the floor in his underwear. Nearby, the screen of his computer sported child porn images and was connected to a chat room where child porn was being discussed, police said. When he awoke at the hospital, Smyser, now 49, denied knowing anything about the child porn. Police said he claimed "unidentified enemies from his past" might have broken into his home and planted it on his computer. During his nonjury trial in June 2017, Smyser's daughter and sister testified that he lacked the technical knowledge to download the child porn images police found on his computer. County Judge Albert H. Masland imposed the prison term after convicting Smyser on 12 counts of child porn possession. Masland ordered Smyser to serve another 3 years on probation after finishing his jail term. Stevens agreed with Masland that the evidence against Smyser is solid. He found that Masland was correct to discount the testimony of Smyser's daughter and sister "on the basis of their simple inability to know of (Smyser's) secret behavior." --- Not 1, not 2, not 3, not 4, not 5, not 6, not 7 <cite>Lebronwon posted [p:908881768] in Man found ... [t:77010016]...</cite> <quote>https://www.pennlive.com/news/2018/09/choking_man_found_unconscious.html A Cumberland County man who was found unconscious on the floor as child pornography scrolled across the screen of his home computer can't beat a conviction for possessing those illegal images, a state Superior Court panel has ruled. Despite Daniel L. Smyser's claims to the contrary, the evidence supports his conviction and the 1- to 2-year county prison term he received, President Judge Emeritus Correale F. Stevens found in the state court's opinion. According to court filings, a state trooper and an ambulance crew rushed to Smyser's Carlisle-area home on Aug. 27, 2015 in response to a 911 call. The caller could only make choking sounds. The rescuers found Smyser, the home's only occupant, unconscious on the floor in his underwear. Nearby, the screen of his computer sported child porn images and was connected to a chat room where child porn was being discussed, police said. When he awoke at the hospital, Smyser, now 49, denied knowing anything about the child porn. Police said he claimed "unidentified enemies from his past" might have broken into his home and planted it on his computer. During his nonjury trial in June 2017, Smyser's daughter and sister testified that he lacked the technical knowledge to download the child porn images police found on his computer. County Judge Albert H. Masland imposed the prison term after convicting Smyser on 12 counts of child porn possession. Masland ordered Smyser to serve another 3 years on probation after finishing his jail term. Stevens agreed with Masland that the evidence against Smyser is solid. He found that Masland was correct to discount the testimony of Smyser's daughter and sister "on the basis of their simple inability to know of (Smyser's) secret behavior." --- Not 1, not 2, not 3, not 4, not 5, not 6, not 7</quote> ... Copied to Clipboard!
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