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> Still, Klayme was arrested and hit with three charges:
> Luring a person under 14 years of age by means of telecommunication
> Providing sexually explicit material to a child
> Possession of child pornography
> The case went to trial, where Klayme was found guilty. He then went to prison for 18 months.
What in the world happened in this case?
How can someone be convicted of these charges without any evidence?
Unless the article left something out, the only possible evidence they had was the wrong username. They couldn't even find evidence that this person used Kik at the time of the crime.
What defense did his lawyer even try? I'm so confused.
Out of curiosity and definitely not defending this prosecution, but if the chain "unique Kik username -> unique gmail address -> unique ISP user -> guy living alone, happens to have Kik on his device" weren't screwed up by the investigators submitting the wrong username, would you say that's enough for a jury to convict ? I don't know about Canada but in the US at least no judge would step in and say that's not enough for a jury to convict on. Convictions happen based on he said/she said. In fact that's probably what this boiled down to. The defense isn't hiring a computer expert to dispute the chain "validated" by Kik/google/etc. unless the guy is rich. They probably accepted that as fact and just argued it wasn't him using the account. And everyone charged with this type of crime says "It must have been someone else on my computer."
And yeah, the trial lawyer failed to make the case, but if the defendant couldn't raise money for a defense, they he likely didn't have any experts to refute the prosecution's evidence.
As the defendant, I'd have been terrified that all this seems to be me yet isn't.
It makes no sense as presented.
The first thing the records should have shown was the full messaging history which would not have contained any of the incriminating messages.
But even if the messages no longer existed, there was no actual evidence. Truly, what on earth did the defense argue? How on earth was the jury convinced he was guilty?
Everything important about this story is missing from the article.
Edit: from another article, it seems like the conviction was made by a trial judge, and didn't even involve a jury: https://www.saltwire.com/nova-scotia/halifax/appeal-court-qu...
A single judge just decided that "his guilt was the only reasonable conclusion available". Scary. I like a lot of things about Canada, but I'm somewhat horrified at the idea that you can be sent to prison without a jury trial.
I think the point is that the message history would show incriminating messages.
He'd have been saying "this isn't me", but somehow no one noticed it was the wrong username.
If the police logged into his Kik account from his device, they would have seen the lack of connection to the case. If they simply trusted the Kik account contents from the subpoena response, then it was up to the defendant/experts to identify the issue and rebut the evidence.
> The 5-Year Rule: You get the benefit of a jury trial if the maximum sentence is five years or heavier.
> Minor Offenses: Less serious crimes (summary conviction offenses) are tried by a judge alone without a jury.
(Source: Google AI results)
The conviction rate Canada wide is only like 50% because so many absurd cases are brought to trial.
Apparently the appeal leading to the acquittal just happened last week.
There’s a lot missing in this sentence. What evidence ended up convicting him?
0: see https://en.wikipedia.org/wiki/Computers_Don%27t_Argue
(available in Best of Creative Computing Vol. 2 at https://dn790007.ca.archive.org/0/items/bestofcreativeco00ah... , p.133)
I think everyone is rightly questioning why the defendant's lawyers failed to tear apart the prosecution's case. This generally requires that the defendant have money, the defendant hire a competent criminal defense attorney, and the attorney hires a team of experts to rigorously challenge all of the evidence.
Here is some additional Canadian news coverage: https://www.cbc.ca/news/canada/nova-scotia/how-a-single-unde...
In practice, "the system" is a lot of humans. The police in rural Canada aren't used to challenging the word of Wisconsin police. Police and prosecutors need to have an incredible discipline to hear "we have a suspect in your community who preyed on a pre-pubescent girl in our neighborhood" and remain neutral and dispassionate during the investigation.
The stupid part is that the prosecution is supposed to be competent and ethical (but one of those failed). Then the defense attorney is supposed to be competent and ethical (but one of those failed). Presumably the jury got access to all of the facts of the case and simply ignored the lack of evidence tying the defendant to the offending Kik account. A chain of 3 errors shouldn't happen if everybody is diligent, but in practice "won't somebody think of the children?!?" Turns off cognitive skepticism and encourages moral panic.
This is most likely super common for criminal trials outside of highly professionalized police and prosecutors.
Theres no one technical in a court room.
The lawyers aren't supposed to be technical, but they should know their limitations and hire technical experts. But that also assumes the defendant can afford the defense, which is insanely expensive.
I want to see the transcripts.
Police generally have to send faxes to companies for subpoenas, except for the few mega techs who have digital portals built specifically for police subpoenas. Source: I worked for a company who received subpoenas via fax.
he should probably try to seek damages from the state for his wrongful conviction (and get his lawyer disbarred for grossly incompetent counsel!)
Everyone needs to be investigated for this, this is absolutely unbelievable and sickening!
Also, the legal system is made up of humans who are ALL fallible and subject to cognitive biases. Canadian police received the case from Wisconsin police, so there was likely too much trust and not enough verification. Same with the prosecution bringing a weaker case with very high confidence.
https://en.wikipedia.org/wiki/Kik_(app)
In 2016, CBS News called it "a predator's paradise", and Wikipedia notes that it lacks E2EE while permitting sign-ups without providing any valid contact information.
Got to separate the message from the messenger
Did he sue after? Was there any accountability?.
Let the process play out. "News" is called that because it is new and things are still happening.