Current Events > Man found unconscious as CP scrolled on his computer can't beat jail term.

(+) Yeah! (+)

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."
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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.

Police said he claimed "unidentified enemies from his past" might have broken into his home and planted it on his computer.

Lmao
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Man who committed crime: "It wasn't me"
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He passed out from arousal
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I mean considering how crazy it sounds it is the perfect crime. It would be very easy to frame someone cause nobody would ever believe it was a frame

There seemed to be plenty of reasonable doubt here. I'm shocked that he was convicted.
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His story obviously isn't true, but that would be a super easy way to fuck up someone's life. No way are the police going to spend any time checking if that's true or not.

nemu posted...

His story obviously isn't true, but that would be a super easy way to fuck up someone's life. No way are the police going to spend any time checking if that's true or not.

I think I read a short story about something like this a few years ago.
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So, if you browse 4chan and someone posts CP. You pass out from disgust before closing the tab and calling the police you have no way to defend yourself?
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Tyranthraxus posted...

Man who committed crime: "It wasn't me"

yeah probably

but imagine if a hacker made a virus that poured child pornography onto your computer AND alerted authorities to your location
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FreezerDoor posted...

So, if you browse 4chan and someone posts CP. You pass out from disgust before closing the tab and calling the police you have no way to defend yourself?

I'm sure there are laws related to accidental exposure to illegal materials. Being in a chat room is not accidental.

_BlueMonk posted...

yeah probably

but imagine if a hacker made a virus that poured child pornography onto your computer AND alerted authorities to your location

Wasn't there a virus that actually did that? I remember reading about it years ago.
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The ol Dawkins excuse
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_BlueMonk posted...

Tyranthraxus posted...

Man who committed crime: "It wasn't me"

yeah probably

but imagine if a hacker made a virus that poured child pornography onto your computer AND alerted authorities to your location

Sounds like a Black Mirror episode.

Zikten posted...

It would be very easy to frame someone cause nobody would ever believe it was a frame

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Yeah there's no way to make someone fall over choking in their underwear and log into CP chatrooms/websites without leaving a trace of evidence
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rip man found shot up to 97 saved souls
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UnfairRepresent posted...

Yeah there's no way to make someone fall over choking in their underwear and log into CP chatrooms/websites without leaving a trace of evidence

Well I was thinking what if they broke in and left him like that? Beat him up and then stage him in that position

_BlueMonk posted...

Tyranthraxus posted...

Man who committed crime: "It wasn't me"

yeah probably

but imagine if a hacker made a virus that poured child pornography onto your computer AND alerted authorities to your location

Honestly creating a virus that does that should be a death penalty crime.

Aside from the fact fhat it involves distributing and possibly creating child porn it also its intentionally framing a large amount of people for what is nearly the most reviled crime in the country.

The mess a spread of that virus would create would be insane.
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it would make more sense for someone to remotely hack their computer, not break into his fucking house lol. but yea dude is a pedo and is screwed. sorry for his family
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seems kinda suspect just for the fact that he called 911 in the first place, but I mean if there's no sign of violence on his person I guess it's pretty open and shut
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Split personalities
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The familly's excuse of "He doesn't know how to download images of child porn" is terrible too. Intelligence clearly doesn't run in that family

pikachupwnage posted...

_BlueMonk posted...

Tyranthraxus posted...

Man who committed crime: "It wasn't me"

yeah probably

but imagine if a hacker made a virus that poured child pornography onto your computer AND alerted authorities to your location

Honestly creating a virus that does that should be a death penalty crime.

Aside from the fact fhat it involves distributing and possibly creating child porn it also its intentionally framing a large amount of people for what is nearly the most reviled crime in the country.

The mess a spread of that virus would create would be insane.

The virus would have to be downloading it from somewhere and it would be caught and shut down immediately. The virus might still go around but the source wouldn't exist within days. I wouldn't worry about this particular scenario happening. It's extremely unrealistic. You're much more likely to run into someone using an exploit to gain remote control over your system to do this deliberately as opposed to a self replicating virus.
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catboy0_0 posted...

seems kinda suspect just for the fact that he called 911 in the first place, but I mean if there's no sign of violence on his person I guess it's pretty open and shut

Guess it depends what happened. If he was choking on something he may have thought he had more time than he really did.

I'm sure things will be looked into. If there is a pattern to his behavior based on his internet history, that will confirm everything.
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Axiom posted...

The familly's excuse of "He doesn't know how to download images of child porn" is terrible too. High IQ clearly doesn't run in that family

If he is actually significantly mentally challenged it could be a valid defense I think.

But it doesnt sound like that. Basically its he sucks at using computers is there defense.
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pikachupwnage posted...

Axiom posted...

The familly's excuse of "He doesn't know how to download images of child porn" is terrible too. High IQ clearly doesn't run in that family

If he is actually significantly mentally challenged it could be a valid defense I think.

But it doesnt sound like that. Basically its he sucks at using computers is there defense.

If it was literally just the "he sucks at computers" defense, I'd maybe think his arguments were worth investigating.

Instead he blamed them on "unspecified enemies from his past"
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I wonder if this Bro drives a Volkswagen
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0AbsoluteZero0 posted...

I wonder if this Bro drives a Volkswagen

lol
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....You can just check when the porn was downloaded to his computer, it's not hard at all with access to the computer and some cooperation from the ISP.

How has literally nobody ITT said this? I thought you guys were semi computer literate.
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Lebronwon posted...

Police said he claimed "unidentified enemies from his past" might have broken into his home and planted it on his computer.

I lol'd
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ledbowman posted...

Lebronwon posted...

Police said he claimed "unidentified enemies from his past" might have broken into his home and planted it on his computer.

I lol'd

What a dumbass.
A better plausible deniability play would have been that he was looking at regular porn, got redirected to some pedo lair, and the sheer shock of seeing it caused him to have a heart attack.

shockthemonkey posted...

Zikten posted...

UnfairRepresent posted...

Yeah there's no way to make someone fall over choking in their underwear and log into CP chatrooms/websites without leaving a trace of evidence

Well I was thinking what if they broke in and left him like that? Beat him up and then stage him in that position

Beat him up without any evidence of him being beaten and him having no idea he was beaten?

Haven't you heard about the dreaded Unfelt Beatdown Bandit? He strikes when you least expect it and you never even know he was there. Clearly he must be at fault here.
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Kitt posted...

0AbsoluteZero0 posted...

I wonder if this Bro drives a Volkswagen

lol

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This topic reminds me of that teenager several years back in the 2004-2007 range that had CP on the computer. Claimed it was someone online who installed it from somewhere else online. So the family got rid of the computer(was the home computer) and said they'll never use a computer or the internet again due to how it destroyed their family.

This also just reminded me of when I was in the 13-15 year old range we'd go to this one neighbor to hang out. His dad got charged with having CP a few years later. Hmmm... oh well.

Unspecified enemies from his past sounds like Dawkins
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Some years ago i had a incident where I got up in the morning and went to the fridge. Then tbere was a gap of time and then I woke on the floor sitting against the wall and my head was bleeding

My dad actually at the time asked me if my door was ajar when I woke up and if maybe someone snuck up on me

Had to get my head stiched. It sucked

wait, it was automatically scrolling?

was it a slideshow or something? not that it matters I guess.
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PostCrisisJ2 posted...

wait, it was automatically scrolling?

was it a slideshow or something? not that it matters I guess.

it was a chat room that was continuing conversation about cp
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oh yeah that makes sense
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How did he become unconscious? Experimental drugs or even a weapon made by the government?
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X-Files posted...

How did he become unconscious? Experimental drugs or even a weapon made by the government?

That's the weird part. And it makes me wonder about this case

Zikten posted...

X-Files posted...

How did he become unconscious? Experimental drugs or even a weapon made by the government?

That's the weird part. And it makes me wonder about this case

i mean its an old guy wankin it he probably had a heart attack or somethin
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SSJCAT posted...

Zikten posted...

X-Files posted...

How did he become unconscious? Experimental drugs or even a weapon made by the government?

That's the weird part. And it makes me wonder about this case

i mean its an old guy wankin it he probably had a heart attack or somethin

What I was thinking. He got too excited from his child porn and like someone else said he panicked when he started having problems and immediately called 911 thinking he had time to shut the computer down

I'm surprised he used his dying breath for 911 and not to log out of his computer. I think we're supposed to assume he choked on something.
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