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Wednesday, December 18, 2013

Ind. Decisions - 7th Circuit decides one Indiana case today

In UNITED STATES OF AMERICA v. ROGER LOUGHRY (SD Ind., Barker), a 9-page opinion, Judge Williams writes:

This is Roger Loughry’s second visit to the Seventh Circuit. In his first appeal, we reversed his convictions for various child pornography offenses because the district court erred in admitting certain “hard core” child pornography videos found on Loughry’s computer. United States v. Loughry (“Loughry I”), 660 F.3d 965, 973‐75 (7th Cir. 2011). Following our decision, the government re‐tried Loughry without introducing the unduly prejudicial videos at issue in Loughry I. At the conclusion of his second trial, Loughry was again convicted of sixteen child pornography offenses.

Loughry contends that his most recent convictions should be reversed because the district court sent to the jury room a binder containing properly admitted evidence of child pornography collected from his residence. According to Loughry, the evidence recovered from his home was simply too prejudicial for jurors to examine during their deliberations. While there may be some special circumstances in which a district court would abuse its discretion by failing to exclude properly admitted evidence from the jury room on this basis, Loughry’s case does not fit the bill. The challenged exhibit was not unfairly prejudicial because the images and videos from Loughry’s personal collection were highly probative of his identity as the internet user “Mayorroger” who advertised and distributed child pornography on a site called “the Cache.” The similarities between Loughry’s own child pornography and that found on the Cache made Loughry’s personal collection highly probative and justified the court’s decision to allow jurors to inspect it during deliberations. We affirm.

Posted by Marcia Oddi on December 18, 2013 08:53 PM
Posted to Ind. (7th Cir.) Decisions