I am a seeking some advice on getting a Presidential pardon in a child pornography case that may have been overly punished for. I tried to convice the military judge that it was an accident and that most of the items they claimed I had I had not seen. While I did plead guilty, I mean it was my hard drive and my responsibility of what was on it, the situation was DEFINATELY not a case of a sexual nature, though it involved sexual materials. It should of been a simple case of negligence, and my lawyer admitted that, but he claimed he could not find a presidence to bring that fact up.
Of course this has ruined my chance with even being eligiable for enlistment in another service and that much harder to find employment. I am a male going in my late 30's and I need to be gainfully employed. I have even went back to college and got my associates degree. And I think I can have a fulling life once I get this stupidity taken away.
Some of the things I wonder could help me in first doing some damage control:
1) I think I was ill advised by my lawyer in all my rights as a servicemember and the judicial system. He did not tell me I could opt for immediate discharge vice having to go to court and have charges placed on the books.
2) I don't think he really sat down and discussed my case with the prosecutor.
3) Even the expert witness could only presume by the actors/models by the name of the file that they were minors. Just because you call a book a cat does not make it any less a book.
4) One of my witnesses needed to be reexamed. They said something that was not true on stand. ALL of my witnesses especially this witness was told way in advance that I was pleading guilty.
5) My lawyer did not bring up the fact that the files were found by someone who went through my private files without permission and while he was in uniform. There are rules and regs that prevent the watching and display of pornography in the work place.
6) I did not know which files the prosecutor was going to use as evidence, nor did my lawyer during any interviews our interviews informed me what the final evidence would.
7) During the view of the evidence, I saw way more files than was presented, and I was asked to identify these files. Of all the 100+ files I looked at, about 30 were used. 1/5 of which were ACTUAL, in the database child pornography pictures, the rest were guesses. And of the evidence I only recognized 3 of the files, one which were a distorted picture from the back and two I know I downloaded from a legal online porn site.
8) And lastly, I think most of those pictures came not from downloading, but through my working on other people's computers when I use to transfer files back and forth when I would replace people's hard drives or reinstall their files.
I am hoping this information could help me in my attempts to get my life back in order and this mischaracterization of myself and the truth of the situation can help me get a presidential pardon. Or maybe, even though the case has been closed, new eyes and ears put on it to set some of the record straight.
Fenrir Ex-Devil Dog, NY