As was reported [AF 12/21/99], a federal
court jury convicted former Walt Disney Internet executive, 34-year-old
Patrick Naughton, of possessing child pornography, but deadlocked on
charges that he crossed state lines seeking sex with a "13-year-old girl"
which he arranged via the Internet. On Wednesday, December 22, 1999, U.S.
District Judge Edward Rafeedie reversed his own ruling and released
Naughton from jail, saying it was likely that he would win a new trial. On
Friday, December 17, 1999, a day after Naughton's conviction, the U.S. 9th
Circuit Court of Appeals overturned part of the federal Child Pornography
Prevention Act of 1996, which Naughton was convicted under, as
unconstitutional. The court found that Congress went too far when it
outlawed materials which "appear to be" or "convey the impression" that
they are sexually explicit pictures of kids. Naughton's defense argued that
higher courts typically hold that if any part of a law is found
unconstitutional, a conviction under that law can't stand. Originally on
Monday, December 20, 1999, Judge Rafeedie contested that Naughton must stay
in jail because the 9th Circuit's ruling did not apply to his case. The
judge said the appeals court's decision affected only cases involving
computer-generated images made to resemble children -- not sexually graphic
pictures of actual minors. In Naughton's case, he said, prosecutors had
proven that some of the pictures found in Naughton's computer at the time
of his arrest were of real children by tracing them to a criminal
investigation in Britain. However on Wednesday, Rafeedie finally conceded
to the defense's argument and ordered the former Internet exec freed on
$100,000 bail. Naughton was arrested September 16, 1999 on the pier in
Santa Monica, California, where he had arranged a rendezvous with "Kris,"
an under-cover FBI agent, after flying to nearby Burbank from Seattle to
attend a meeting at Disney headquarters. Naughton, who appeared in court
Wednesday handcuffed and shackled, unshaven and wearing a jail uniform, was
clearly relieved by the judge's decision. Asked by reporters how he felt,
Naughton said, "How does it look like I'm feeling? I'm glad to be out by
Christmas." Naughton also said he is looking forward to spending time
outdoors. However, he is barred under terms of his release from doing any
traveling.
Rick DeMott
Animation World Network
Creator of Rick's Flicks Picks
