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A missing underscore sent innocent man to prison for 18 months

arstechnica.com

61–70 of 311 posts

Re: A missing underscore sent innocent man to prison for 18 months

#61

The article didn't mention any follow up. He actually served his full sentence. Did he sue after? Was there any accountability?.

He was just acquitted last week.

Let the process play out. "News" is called that because it is new and things are still happening.

Re: A missing underscore sent innocent man to prison for 18 months

#63
post #19

Connecting 'this account belongs to you' to 'this account did these activities' seems to rely on a chain of high-integrity (in the sense of both ethics and precision) investigative work that clearly doesn't happen because of the system's lazy recourse to subpoenaing internet companies (here with a typing error)

You can assume "the system is lazy". 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…

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Re: A missing underscore sent innocent man to prison for 18 months

#64

Earlier 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.

thats not the verdict. Thats the sentencing decision, which just goes into a separate Judge's sentencing hearing and decisions on that.

Re: A missing underscore sent innocent man to prison for 18 months

#65

Holy fuck! How can someone without no evidence and completely innocent be convicted of an offense like this in Canada? What in the fuck is going on?? What happened to “guilty beyond a reasonable doubt?” Everyone needs to be investigated for this, this is absolutely unbelievable and sickening!

I'm guessing there are LOTS of poor/rural parts of Canada (and the US) where convictions happen on less than convincing evidence.

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.

Re: A missing underscore sent innocent man to prison for 18 months

#66
post #45

> 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 all comes down to the jury, none of those things matter. The bigger issue here: he knew those messages weren’t him, so the lawyer should’ve gone full force to figure out how this happened. I would guess his lawyer didn’t really believe him

It was a judge, not a jury.

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.

Re: A missing underscore sent innocent man to prison for 18 months

#68
post #57

Earlier quoted context omitted.

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.

You are right, but your parent is right too.

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.

Re: A missing underscore sent innocent man to prison for 18 months

#69

> 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 t…

No, there are open wifi routers, there are WPA attacks, friends that were given wifi passwords, and a lot of other things. Convicting on IP address match should disqualify the trial judge.

Re: A missing underscore sent innocent man to prison for 18 months

#70

Holy fuck! How can someone without no evidence and completely innocent be convicted of an offense like this in Canada? What in the fuck is going on?? What happened to “guilty beyond a reasonable doubt?” Everyone needs to be investigated for this, this is absolutely unbelievable and sickening!

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