MI- No Charges Filed Against Pinckney Students In Cell Phone Case

12-15-2008 Michigan:

No criminal charges will be filed against Pinckney high school students for their roles in passing along sexually explicit cell phone photos of a female student. The decision was announced at a press conference held Monday morning by Livingston County Prosecutor David Morse.

A 14 year old girl took 20 cell phone photos and two 30-second videos of herself last summer and sent them to two boys she knew. Then when school started in October, the photos began circulating. An anonymous letter was eventually sent to the assistant principal about the situation and 19 students were later suspended as a result of passing along the photos.

Morse says he felt the schools took appropriate action and therefore, criminal charges will not be filed. There were six cell phones confiscated for evidence. Four will be returned to the student owners because the photos had already been deleted.

The other two will not as they still contained the photo.

Morse reminds parents that there are real dangers out there and just last week, a convicted sex offender from New York filed a freedom of information act request asking for the report and photos. Morse says by law they must respond and the report will be distributed. However, it will be heavily edited and no personal information nor the photos will be released. ..News Source.. by WHMI 93.5FM

Additional Statement Released by Prosecutor Morse:

On October 7, 2008, a detective with the Livingston County Sheriffs Department was dispatched to Pinckney High School regarding an allegation of possession and/or distribution of sexually explicit photos of a minor.

During the investigation the detective learned that an anonymous letter containing copies of sexually explicit photos of a 14 year old girl was sent to an Assistant Principal at Pinckney High School.

It was discovered that approximately 20 photos and two 30 second videos were sent by the 14 year old girl to two boys sometime during this past summer. It appears that the photos then began circulating to other students during the school year.

Detectives seized 6 cell phones from students admitting that they had had the photos on their phones. An evaluation of the phones revealed that the photos had been deleted off four of the phones while two phones still contained the photos.

It was reported that the photos had been sent to several hundred other students.

Detectives were unable to confirm that information and, with limited resources, were unable to mount the comprehensive investigation necessary to make that determination.

It is a crime in Michigan to possess or disseminate sexually explicit photos of minors. There are a number of misdemeanors and felony's that address the issue.

While it is clear to me that the students involved could have been charged in this incident, I have determined that no charges will be filed. My decision to forego criminal charges is based on the disciplinary action taken by the school against the students involved in the incident. Additionally, the Pinckney schools are sponsoring a program this Wednesday, December 17, from 7pm-8pm entitled "Analogue Parents with Digital Children at the Pathfinder School media center. I feel the matter has been adequately addressed by the schools and that filing criminal charges in this instance is unnecessary.

I urge all parents to attend this informational program. If parents are going to provide their children with technology they should be aware of the capabilities of that technology and the dangers that the unsupervised use of that technology can bring. As Detroit Free Press columnist Mike Wendlend rececntly wrote, by providing their children with advanced technology parents are handing their kids a key to places they shouldn't be allowed to go, so the parents better know what keys their kids are using. He also pointed out that because kids are immature they are by nature going to be impulsive and irresponsible but that parents do not share that excuse.

I have repeatedly said that the danger in this sort of behavior is that predators are lurking on the internet in hopes of finding information they can act upon. It just takes one angry or jealous kid who receives sexually explicit pictures to post them on the internet with name, address and phone number. Just the sort of information a predator would welcome.

For those parents who believe this behavior is just childish mischief and are skeptical of the dangers about which the police and I are concerned, let me offer an illustration of that danger. We have received in this case a Freedom of Information Act request for the reports and photos from an Anthony Brandon. Mr. Brandon is a multiply convicted sex offender currently serving a 20 year to life sentence in New York for his latest sex related conviction.

Note: Under Michigan FOIA law (MCL 15.232(c)), this request does not have to be answered as those who are still a inmate of a prison are exempt from such requests.

I hope this serves to demonstrate to the skeptics that there are predators out there and who will use any means to find ways to prey upon our children.