Possession of Child Pornography in violation of M.G.L c. 272, § 29C
MA State Police conducting a child pornography investigation learned that on diverse dates from December 2018 to February 2019, eleven or more images were uploaded using the search engine Bing. Police determined the Internet Protocol (IP) address from which the images were uploaded and the identity of the subscriber’s name and address and obtained a search warrant for the electronic devices at the residence. When executing the warrant, police were greeted by the male homeowner who waived his legal rights and voluntarily participated in a recorded interview where he admitted ownership of several electronic devices located inside in the home. He further admitted to viewing child pornography. An on-site forensic analysis of the devices revealed over fifty images of child pornography. Police arrested the man and criminally charged him with Possession of Child Pornography in violation of M.G.L. c. 272, § 29C. Following his arrest and seizure of his devices, a more in-depth forensic analysis was conducted revealing hundreds of photos and videos of child pornography. Once charged, the man hired Massachusetts Criminal Defense Lawyer, John L. Calcagni III, to represent him in his case. He selected Attorney Calcagni because of his extensive experience and success defending sex offense cases such as those involving child pornography. After reviewing the discovery, screening the case for potential motions, and conducting an evidence viewing, the Defense formulated a strategy to engage in pretrial negotiations. Following months of negotiations, the parties simply could not reach an agreement on a disposition. The Commonwealth demanded jail time, which was unacceptable to Attorney Calcagni. As such, the Defense took the fight to the judge. The parties presented their competing sentencing recommendations and the Defense prevailed by submitting a mitigation package for the Court’s consideration. The Court sentenced the man to probation for a term of two years with minimally restrictive conditions excluding any form of GPS or electronic monitoring.
2 years of probation with conditions of (1) no unsupervised contact with children under age 16; (2) counseling; (3) mental health evaluation and comply with any recommended treatment; and (4) sex offender registration.
Fall River District Court, Massachusetts
186 S. Main St 5th Floor
Fall River, MA 02720
Phone: (508) 491-3225
Cities and Towns: Fall River, Freetown, Somerset, Swansea and Westport