Name:Joey M. Gallagher
Case: United States v. Gallagher No. 07-0527
Date Of Appeal: February 27, 2008
Plea: Not Guilty
Charges: possessing child pornography
Military Branch: U.S. Marine Corps
Listed In National Sex Offenders Registry? NO
A general court-martial, composed of officer and enlisted members, convicted Appellant, contrary to his pleas, of two specifications of possession of child pornography under 18 U.S.C. § 2252, and one specification of violating South Carolina’s “Peeping Tom” statute, S.C. Code. Ann. § 16-17-470, in violation of Article 134, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 934 (2000).
The sentence adjudged by the court-martial and approved by the convening authority included a dishonorable discharge, reduction to the lowest enlisted grade, forfeitures of all pay and allowances, and confinement for thirteen years.
Appellant was accused of attempting to place a video camera in the bedroom of an eleven-year-old neighbor. Based on this accusation, Naval Criminal Investigative Service (NCIS) conducted a permissive search of Appellant’s home. During the search, the NCIS agents discovered child pornography in an unlocked briefcase in Appellant’s den. Based on this evidence the agents seized Appellant’s computer, which they later searched pursuant to a search authorization.
Based on that testimony the military judge concluded that Appellant’s wife, Mrs. Gallagher, had
consented to the search. He found that the agents introduced themselves and explained to Mrs. Gallagher that an accusation had been made that Appellant had acted inappropriately with a child. The military judge found that the agents explained to Mrs. Gallagher that they were there to search the house for videotapes or pictures related to the case and asked her for her permission to do so.
He also determined that the agents presented Mrs. Gallagher with a Department of the Navy Permissive Authorization for Search and Seizure (PASS) form, which she signed. The form specifically allowed the agents to search for and remove from the home “any property or papers found during the search which are desired for investigative
purposes.”
The military judge found that the NCIS agents searched the entire house, looking for pictures and videotapes. Mrs. Gallagher would come in and out of the rooms being searched, but never objected to the search. Eventually, the agents made their way to the home’s attached garage, which had been converted into a den. The military judge found that the room was used by the entire family and contained a couch, television, wet bar, refrigerator, and freezer.
In the garage, in between the refrigerator and freezer, the Agents discovered a burgundy briefcase with two latch locks. The military judge found that nothing external to the briefcase indicated to whom it belonged. One of the agents picked up the briefcase and discovered that the tumblers on each latch were zeroed. The agent was able to open the briefcase by pushing on both latch buttons
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Sexual Offender
Conviction Records
Not Associated With The U.S. Military Or Government
An Unofficial Site
Of United States Military
Sexual Offender
Conviction Records
Not Associated With The U.S. Military Or Government
Joey M. Gallagher
Gunnery Sergeant U.S. Marine Corps
Convicted Sex Offender
Possession Of Child Pornography
