Name: Anthony T. Russell
Case: U.S. v. Anthony T. Russell No. 96-1364
Date Of Conviction: 1995
Plea: Not Guilty
Charges: Possession Of Child Pornography
Military Branch: U.S. Air Force
Listed In National Sex Offenders Registry? NO
Appellant was tried by general court-martial at Kadena Air Base, Okinawa, Japan, from May 30 through June 2, 1995. He was convicted of one specification of conduct unbecoming an officer and a gentleman by using military computers to download pornographic materials, and one specification each of wrongfully receiving and possessing materials depicting minors engaging in sexually explicit conduct, in violation of Articles 133 and 134, Uniform Code of Military Justice, 10 USC §§ 933 and 934, respectively.
Appellant first contends that the evidence is insufficient to sustain his conviction of wrongfully receiving computer graphics depicting minors engaging in sexually explicit conduct.
However, in a pretrial statement appellant admitted that he guessed that the females in the pictures were 13 years of age and older.
Also, a pediatrician testified that, based on known medical standards, the females shown in the exhibits were not more than 15½ years of age. Finally, the members were able to look at the pictures and use their common sense and experience to conclude that the girls were under the age of 18.
Therefore, there was sufficient evidence from which "a rational trier of fact" could "find guilt beyond a reasonable doubt" and conclude that appellant knowingly possessed child pornography.
He was sentenced to confinement for 3 months, forfeiture of $2,858.00 pay per month for 3 months, and dismissal from the Air Force. The convening authority approved the sentence, and the Court of Criminal Appeals affirmed the findings and sentence in an unpublished opinion.
The decision of the United States Air Force Court of Criminal Appeals is affirmed.
Judges SULLIVAN, CRAWFORD, GIERKE, and EFFRON concur
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An Unofficial Site
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Sexual Offender
Conviction Records
Not Associated With The U.S. Military Or Government
Anthony T. Russell
Captain U.S. Air Force
Convicted Sex Offender
Possession Of Child Pornography
