The premise of Brazil (1985)
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A missing underscore sent innocent man to prison for 18 months
51–60 of 311 posts
Re: A missing underscore sent innocent man to prison for 18 months
#52> Nothing linked Klayme to the girl. No intimate images were found. Klayme did have a Kik account, but cops couldn’t even show that he had accessed the service during the period in question. > 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…
It would take anyone reviewing the evidence noticing the double underscore. Part of what makes this infuriating is that it's the type of error we as individuals are prone to making or not noticing on some days.
As the defendant, I'd have been terrified that all this seems to be me yet isn't.
Re: A missing underscore sent innocent man to prison for 18 months
#53How on Earth was he convicted? They couldn’t find any evidence (because it didn’t exist) and yet he was still found guilty? Is there a similar presumption of innocence in Canadian legal doctrine?
There was evidence. Just not pointing to him.
Re: A missing underscore sent innocent man to prison for 18 months
#54Earlier quoted context omitted.
If you find them, let us know. In the US public defenders don't have time to try cases. They are basically plea bargain assistants.
what happens if the defendant pleads not guilty? does the public defender not bother to show up to trial? do they not represent the defendant? what is this charade? I found the verdict here: https://www.canlii.org/en/ns/nspc/doc/2024/2024nspc4/2024nsp... but no transcript is given. it has to be requested, it seems.
Public defenders are required to build the best case they can, but the nature of a defense requires hiring experts to contradict the prosecution evidence. Without hiring experts, the public defender is just pounding the table or arguing the technicals of law.
Re: A missing underscore sent innocent man to prison for 18 months
#55I had never heard of "Kik" so I looked it up:
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.
Re: A missing underscore sent innocent man to prison for 18 months
#56> Nothing linked Klayme to the girl. No intimate images were found. Klayme did have a Kik account, but cops couldn’t even show that he had accessed the service during the period in question. > 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…
It is Canada so a decent amount of the process is different and more English than American.
Re: A missing underscore sent innocent man to prison for 18 months
#57> Nothing linked Klayme to the girl. No intimate images were found. Klayme did have a Kik account, but cops couldn’t even show that he had accessed the service during the period in question. > 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…
Yes, this is an atrocious article. 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…
> The first thing the records should have shown was the full messaging history which would not have contained any of the incriminating messages.
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.
Re: A missing underscore sent innocent man to prison for 18 months
#58> Nothing linked Klayme to the girl. No intimate images were found. Klayme did have a Kik account, but cops couldn’t even show that he had accessed the service during the period in question. > 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…
"the only possible evidence they had was the wrong username."
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."
Re: A missing underscore sent innocent man to prison for 18 months
#59This is completely dystopian. Did he have the worst legal defense possible, or are Canadian laws such that an IP address is sufficient for any claimed charges to just stick?
This is absolutely insane, if the article is truly accurate they literally had NO evidence besides the user name (which was wrong.)
There was lots of evidence of a crime, just not evidence of the defendant doing it.
This is most likely super common for criminal trials outside of highly professionalized police and prosecutors.
Re: A missing underscore sent innocent man to prison for 18 months
#60I had never heard of "Kik" so I looked it up: 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.
It was a popular platform briefly for college students etc. I remember college kids posting drama on Kik etc