Defendant WINS in Federal Internet Sting Prosecution
We all hear about these police stings, where law enforcement officers post or respond to ads on ADULT dating sites and then, after engaging in a sexually charged conversation and some strong leading, pull a “switch-a-roo” and announce the fictitious person is fictitiously under-age.
We all know what usually happens; the feds threaten decades in prison but offer a plea deal that, given the risk, most defendants grab. In fact 97% of prosecutions go this way.
Well a Georgia man stood up and fought back! Facing a minimum mandatory 10 years in prison, he took his case to trial AND WON!
Story is below:
______________
It took a federal jury slightly more than an hour Wednesday to find an Auburn, Ala., man accused of being a child sexual predator not guilty.
Ji Won Kim, 26 was one of 21 men arrested in November as part of a multi-law enforcement agency sting in which investigators posed as children online. Though he was arrested by Columbus Police in early November, Kim was indicted Nov. 16 on the federal charge of attempted online enticement of a minor.
He was tried this week in the Middle District of Georgia in front of Judge Clay Land this week.
If convicted, Kim would have faced a 10-year mandatory minimum sentence and a maximum term of life in prison and/or a $250,000 fine up to a lifetime term of supervised release, and mandatory sex offender registration if he had been convicted.
Kimâs attorney, Bernard Brody of Atlanta, said the case should never have gone to trial. Some of the jurors hugged Kim outside the downtown Columbus courthouse when the three-day trial was over.
The prosecution contended Kim drove from Auburn to Atlanta for the purposes of having sex with a 14-year-old girl he had met online. Kimâs defense was he did not know the girl was 14 and that she led him to believe by an online photo and a phone conversation that she was much older.
The jury of seven women and five men got the case at 11 a.m. and returned an acquittal at 12:25 p.m.
âThe jury agreed that Ji Won was not a predator and had no intention or desire to meet a 14-year-old girl,â Bernard said. âAlso, they found that Ji Won clearly did not believe she was 14, which is what the government was required to prove at trial.â
The U.S. Attorneyâs Office in the Middle District of Georgia issued a brief statement. The prosecutor was Assistant U.S. Attorney Crawford Seals.
âWe are disappointed with the verdict but we respect the juryâs decision,â said spokesperson Pamela W. Lightsey.
Kim is the first of the defendants arrested in the sting called âOperation Hidden Guardianâ to go to trial. At least four of the defendants have entered guilt pleas in front of Land: Kenneth Jordan, 29, of Columbus; Edwin Nieves, 55, of Columbus; Christopher McGowan, 32, of Mechanicsburg, Pa; and Dereck Weldon, 30, of Columbus.
Each man pleaded guilty to the lesser charge of use of interstate facilities to transmit information about a minor, a felony that carries a possible fine and up to five years in prison.
During Operation Hidden Guardian, which launched Nov. 9, investigators posing as children had more than 600 exchanges with people on various online platforms, including social media and chat rooms. In more than 400 of those exchanges, the suspect initiated contact with the âchildâ and directed the conversation toward sex.
The agencies involved in the investigation were the Columbus Police Department, Muscogee County Sheriffâs Office, District Attorneyâs Office for the the Chattahoochee Judicial Circuit, United States Attorneyâs Office for the Middle District of Georgia, the Georgia Bureau of Investigationâs Child Exploitation and Computer Crimes Unit, and the Georgia Internet Crimes Against Children Task Force.
The operation fell under a task force called the Internet Crimes Against Children, which was started by the United States Department of Justiceâs Office of Juvenile Justice and Delinquency Prevention, Brody said.
The operation, at least in Kimâs case, was flawed, Brody said.
âHe responded to an ad on Backpage.com looking for a prostitute,â Brody said. âThe ad was created by ICAC and it contained pictures of Hayleee Peacock, a 26 year-old GBI agent. âAccording to the agents, many people responded to the ad who were not looking for children but most of them turned away once the agent said she was 14.â
Ji Won initially asked the agent to send him a selfie so he could be sure that the picture in the ad was real as many ads on Backpage contain fake pictures, Brody said. The agent said she was 14 and he was shocked since he had never run into a minor on Backpage before.
âShe then sent the selfie of herself and it was clear that she was at least in her 20s,â Brody said. âThen he called back and said, âYouâre not really 14, right?â she stuttered and he then realized she was lying. Although she kept saying she was 14, he decided to go out to the house anyway. She was very attractive and he just was sure that she was not 14. He then got arrested and told the agents that he in no way believed she was 14, pointing to the ad, the selfie, her voice, etc.â
A search of Kimâs phone showed no evidence of child pornography or any communications with minors, according to evidence presented at trial.
Kim was born in South Korea and moved to the United States when he was 12. He graduated from Auburn High School, and was in the final semester at Georgia Tech. He earned his engineering degree in December, but was not able to walk for the graduation because he was in jail.
Discover more from Florida Action Committee
Subscribe to get the latest posts sent to your email.
Interesting story and somewhat related to this conversation. The deputy was not arrested, no crime was committed as far as I could tell, but I guess it is that whole ethics thing? Ok. I get it butâŠ.the two people involved are adults and the encounter was completely consensual. Although, I do question how the woman would not know who she was meeting if the deputy posted pictures of himself? That one made me think âŠhmmm. Anyway, the actions were not criminal, and the pictures were posted in a forum that was meant for that activity so why would the man have to lose his career and reputation? Also, why would the female involved not lose her job? Double standard for sureâŠbut to me it should have at least been an internal thing â why sensationalize it? Donât get me wrong â I am not a fan of LE but I am a fan of fairness. We have such a hang up in this country about anything to do with sex or nudityâŠ..people will read this and automatically assume that it was somehow criminal – I read the headline and thought So what? It is the way of the digital age….
http://www.orlandosentinel.com/news/breaking-news/os-seminole-jail-deputy-nude-photos-20180302-story.html
In my opinion, one of the best things about the outcome of this case is that now a jury has heard the truth of what goes on in these stings – they now know the truth. And they tell that truth to their family – the family members in turn tell others. Each time a member of that jury hears about one of these stings they will question it….that is a priceless part of the outcome.
Yes BUT it’s illegal and he should have never even been arrested. We have a moral obligation to disobey unjust laws (and practices). Martin Luther King.
I have always said since these stings became prominent – why if it is such a problem aren’t we hearing about REAL cases? I have only heard about 2 such cases in the last 10 years. So they (LE) are actually creating a problem where one does not seem to exist – it is truly mind boggling. The general public actually buys this crap! They think each one of these stings has saved children – what children?? There are no children involved
There were two cases in central Florida that were nolle prosecuted by the state because these crimes do not occur!
Do you know what cases they are?
I started a non-profit organization known as “Florida Scandal” (http://floridascandal.blogspot.com/p/case-law-links.html?m=0) to see if anyone else was framed like me and EVERYONE was framed.
During my struggles to prove the sham and my innocence, I learned that law enforcement and the DOJ are violating state and federal laws to get money framing men as child predators. It’s the perfect scam because the average person does not believe the government is corrupt and child predators cannot be framed.
ANYONE arrested in a sting is innocent if they were arrested as the result of using an adult website and an adult picture like me and we’re not looking for minors like me.
The stings are and always have been illegal as the case law below proves BUT the problem is cops and government officials think they are the law. Therefore, if they decide to frame people then that’s the law. They think they can ignore the law.
Please read the cases below to get the full picture as the states are getting paid by the federal government to frame American citizens minding their own business, not engaged in crime.
Reno v. American Civil Liberties Union, 521 U.S. 844 (1997)
A “heckler’s veto” can not be used to declare someone’s sexually explicit speech illegal on an adult website just because an undercover officer arbitrarily states they are a minor.
Gennette vs. State, 1D12-3407 (Sept. 13, 2013)
The law does not tolerate government action to provoke a law-abiding citizen to commit a crime in order to prosecute him or her with that crime.
People v. Aguirre, No. G045009 (CA 4th DCA, April 5, 2012)
Our analysis suggests the government should not be in the business of testing the will of law-abiding citizens with elaborate (if improbable) fantasies of sensuous teenagers desperate to engage in sexual acts with random middle-aged men.
Lusby v. State 507 So.2d 611 (1987)
We do not condone general forrays into the population at large by government agents to question at random the citizenry of this country to test their law abiding nature, i.e., virtue testing.
Sherman v. United States, 356 U.S. 369 (1958)
Entrapment occurs only when the criminal conduct was “the product of the creative activity” of law enforcement officials.
Sorrells v. United States, 287 U.S. 435 (1932)
Literal interpretation of statutes at the expense of the reason of the law and producing absurd consequences or flagrant injustice has frequently been condemned.
Farley v. State, 848 So.393 (Fla. 4th DCA, 2003)
…Farley was not involved in an existing criminal undertaking in need of detection by law enforcement; rather, LEACH sought to manufacture crime based on a list of names and addresses of unknown origin.
Beattie v. State, 636 So.2d 744 (Fla. 2nd DCA, 1994)
It is undisputed that law enforcement did not know Beattie for any deviant activity or involvement with child pornography until he responded to the advertisement. Customs did not target individuals when it placed the advertisement in the publication.
State v. Glosson, 462 So. 2d 1082 (1985)
Prosecutions that have a financial incentive violate due process.
Case not remembered:
When law enforcement use the expressed or implied promise of sex it violates due process.
Has a case ever been dismissed due to numerous ICAC Contract Violations?
The few rules that govern ICAC operations are not only blatantly violated in many cases, they are also inadequate, and incomplete. There should be an independent watchdog overseeing these stings to ensure theyre conducted properly because if they were, the arrest totals would rapidly decline to the point there wouldnt be the need for the millions in federal funding to control a problem with men preying on minors using ADULT sites that doesnt exist as claimed. Its called cooking the books and this is the worst case of it in history
Thanks Trey!
Seems the govt has created the problem themselves.
Anytime……a victory in Federal court stemming from a sting arrest is a rare occurance and is only the 2nd one im aware of. Its unfortunate our system is flawed in reagards to sting operations using adult sites. The corruption within the DOJ that manages ICAC is beyond belief, which then trickles down to local, state, and federal LEOs. Thats what happens when a lot of money is involved
I couldn’t agree more Trey. Oversight is needed badly.
A.lot of.info* case.results.and.arguments made.by attorneys, I tried.your hovering link that seemed.to.maybe have so much info but it’s down, anyway you can help? My brother is he’ll bent on doing any interviews necessary or going on the record but he’s still in this ugly process, ty
Goveringus* sorry can my other comment with the typo awaiting moderation be bumped
Hello Trey, may I email you a question regarding missing discovery on a sting operation? let me know and i will give you my email.
Thank You
The prosecutor said he was disappointed with the decision even though that ment the release of an innocent man. What does that tell you about our judicial system,and those behind it.
Here in Washington State a case got dismissed like this by the Trial Judge–a win, fair and square right? But the Prosecutor APPEALED to the Court of Appeals! (https://www.courts.wa.gov/opinions/pdf/762982.pdf) It was CRAZY. It was affirmed at Court of Appeals so the decision was upheld and Solomon was Not Guilty/Case dismissed). I thought it was crazy that the prosecutor could or even would appeal. Now that seems egregious! This is what you are up against.
This is insane, I cannot believe this was even appealed.