Warwick Rhode Island Possession of Child Pornography Case
Charges
- Possession of Child Pornography in violation of RIGL § 11-9-1.3 (a)(4);
- Transmitting Child Pornography in violation of RIGL § 11-9-1.3 (a)(2)
Court Information
Warwick, Rhode Island
Rhode Island Superior Court (Kent County)
Case Overview
The National Center for Missing and Exploited Children (NCMEC) informed the Rhode Island State Police, Internet Crimes Against Children (ICAC) Task Force about a Facebook account that was recently used to transmit images that met the legal definition of child pornography. Police dug deeply to identify the Facebook account holder. The internet protocol address from which the images were transmitted matched the account holder’s employer. Police subpoenaed data from the Facebook account, and received evidence of child pornography. They further subpoenaed Gmail accounts associated with the Facebook account, some of which had fictitious names, where they discovered even more child pornography, including images of known victims. Members of ICAC obtained a warrant for the man’s house to search for and seize electronic devices, and thereafter, to search their contents for child pornography. When police executed the warrant, they seized five digital devices (phone, tablet, and computers), which did not contain any child pornography evidence. The prosecution of the man proceeded based solely on the evidence discovered in his social media and email accounts. He was charged in Rhode Island Superior Court (Kent County) with Possession and Transmission of Child Pornography. Dissatisfied with the work of other lawyers, the man ultimately hired Rhode Island Sex Offense Defense Lawyer, John L. Calcagni III, to defend him against these serious charges.
The case was set for trial. The Court commenced jury selection and held a pretrial motions hearing. At the last minute, the man’s ex-wife volunteered to testify against the man, and even offered text messaging evidence wherein he allegedly confused to the crimes soon after police executed the warrant at his home in the presence of his children. This turn of events prompted a change in Attorney Calcagni’s defense strategy. In exchange for the man’s plea of nolo contendere to the charged offenses, Attorney Calcagni persuaded the prosecution and trial judge to agree to a sentence of 10 years in ACI, all to be suspended with probation, along with special conditions that include sex offender counsel and registration.
Case Result
10-Year Suspended Sentence with Special Conditions of Probation