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On Dec 18, snarkmaster posted a new gallery image Frosted Beauty. And even though there was no proof that Matthew personally downloaded those nine pictures, it would be difficult to prove his innocence. Novak said that the pictures alone were practically all the evidence the police needed. They just had it built into their mind that this kid is guilty. Yet, the evidence submitted by the Phoenix police department did not identify a specific user.
Matt's clean reputation, his good grades and protective family could not stand up to the cold fact that child porn was on that computer.
The police and the district attorney had the incriminating photos from the Bandys' computer and the prosecutors were determined to send Matt away. Matthew Bandy found himself outmatched in the national campaign against child pornography -- harsh laws designed to keep track of pedophiles and punish them severely.
No matter what the means are. The Bandy family contends that Thomas was on a mission and that his desire to convict was so strong that he ignored important evidence -- like the fact that Matthew passed a lie detector test. The fact that the test indicated that Matt was telling the truth wasn't taken into account.
And that's when the Bandy family really began to fight back. They hired two polygraph examiners who confirmed Matthew was telling the truth. Then they ordered two psychiatric evaluations which concluded that Matthew had no perverted tendencies. And certainly, they're not admissible in court. At the end of the day, we certainly felt there was a good faith reason to go forward with the prosecution. Despite the positive polygraphs and psychiatric exams, the district attorney pressed on.
So the Bandys and their attorney tackled the most difficult question on the table. If Matthew didn't put the pictures on the computer, how did they get there? Loehrs went into the Bandys' computer and what she found could frighten any parent -- more than infected files, so-called backdoors that allowed hackers to access the family computer from remote locations, no where near Matthew's house.
Loehrs says she does not believe that Matthew uploaded those images onto his computer "based on everything I know and everything I've seen on that hard drive.
But police still had those pictures, and the harsh child porn laws made going to court risky for Matthew. Even if he was only convicted on one count, Matthew would have faced 10 years in jail, and have his "life ruined," said Novak. We were told he more than likely would end up in jail. So the Bandys took a deal from the prosecution. In exchange for dropping all counts of child pornography, Matthew pleaded guilty to the strange charge of distributing obscene materials to minors -- a "Playboy" magazine to his classmates.
But the Bandy family nightmare was not over. While the prosecution deal offered no jail time for Matthew, he would still be labeled a sex offender. Under Arizona law and in most states around the country, sex crimes carry with them a life of branding. Matthew would be forced to register as a sex offender everywhere he lived, for the rest of his life. To go to church I have to have written consent from our priest, I have to sit in a different pew, one that doesn't have a child sitting in it.
The judge couldn't believe the prosecution was insisting on sex offender status and invited Matthew to appeal. A message arrived from the judge, ironically on the computer, informing them that Matthew would not be labeled a sex offender. Matt and his parents had won his life back. In the den of the Bandy home sits the family computer, now unplugged from the Internet.
The Bandys learned that, for them, the Web is simply too dangerous. Under even under the strictest rules and the strictest security, your computer is vulnerable. We'll notify you here with news about. Turn on desktop notifications for breaking stories about interest? Comments 0. Top Stories.
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