Sunday, March 2, 2008

Michael D. Donnell - Guilty Possession Child Pornography

A majority of these images depicted prepubescent minors and there are a significant number of images depicting infants and toddlers engaged in sexually explicit conduct. Images depicting sadistic and masochistic conduct were also recovered from Donnell’s computer. The images recovered from Donnell’s computer depict actual, as opposed to computer generated, images of real minors engaged in such conduct.

An Albany man has pleaded guilty to possessing child pornography.

Michael D. Donnell, 42, entered a guilty plea in U.S. District Court Thursday before Judge Norman A. Mordue.

In July 2006, San Francisco Federal Bureau of Investigation (FBI) agents received information about a hardcore child pornography message board entitled “Ranchi”. In October 2006, while using the online identity of a “Ranchi” member, FBI agents posted a hyperlink to an FBI controlled computer in San Jose, Ca. When users clicked on this link, their Internet Protocol (IP) addresses and the date and time they accessed the link were recorded. Several hundred IP addresses were recorded during the 24-hour period the link was active. Donnell’s IP address was one of the addresses identified.

Based upon this information, FBI agents interviewed Donnell on Feb. 20, 2007 and he was arrested on March 22. Donnell admitted that he has many images of child pornography on his computer. Donnell also noted that he obtained said child pornography from Internet sites and utilizing a peer to peer program known as “Bearshare.” Further, he admitted that he has been collecting such images for many years and estimated that he possessed thousands of these images on his computer. Additionally, Donnell noted that he collected such images of both young boys and young girls.

Donnell consented to the seizure of his computer, a homemade computer tower containing three hard drives, including a Western Digital hard drive, which was later submitted for forensic analysis. Said examination revealed that this Western Digital hard drive contained several thousand images of minors engaged in sexually explicit conduct. Said images are in both still and video format. These images depict actual individuals under the age of 18 engaged in, among other things, vaginal intercourse, oral sex, anal sex, masturbation, digital penetration, and the lascivious exhibition of the genitals and pubic area.

A majority of these images depicted prepubescent minors and there are a significant number of images depicting infants and toddlers engaged in sexually explicit conduct. Images depicting sadistic and masochistic conduct were also recovered from Donnell’s computer. The images recovered from Donnell’s computer depict actual, as opposed to computer generated, images of real minors engaged in such conduct.

Donnell knowingly and willfully possessed the aforesaid images located on said computer. In addition, he possessed the images knowing that they depict minors engaged in sexually explicit conduct. He obtained such images from, among other places, websites, message boards, and/or individuals located outside the State of New York.

Moreover, such images, and Donnell’s computer, which was used to obtain and download these depictions, were transported in interstate and foreign commerce and were produced using materials that had been mailed, or shipped or transported in interstate and foreign commerce.

Sentencing will be held July 17 in U.S. District Court in Albany. Donnell faces a maximum penalty of 10 years imprisonment and a fine of $250,000. He was detained pending his sentencing.

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