Name: Joshua P. Navrestad
Case: United States v. Navrestad No. 07-0199
Date Of Appeal: December 4, 2007
Plea: Not Guilty
Charges: possessing child pornography
Military Branch: U.S. Army
Listed In National Sex Offenders Registry? NO
Navrestad had an account at an Internet café in a United States Army morale, welfare and recreation center in Vilseck, Germany. He would pay for a set amount of time and then use a kiosk-style computer terminal to access the Internet. While at the café, Navrestad had Internet chat sessions over the course of several days with someone who identified himself as “Adam.” Navrestad believed “Adam” was a fifteen-year-old boy from New Hampshire while actually “Adam” was Detective James F. McLaughlin, a New Hampshire police officer. United States v. Navrestad, No. 07-0199/AR5
During the course of several chat sessions, Navrestad made requests for phone sex and encouraged “Adam” to engage in sex acts with “Adam’s” younger brother and a friend of “Adam’s” who was also a minor. During these sessions “Adam” made inquiries about seeking pictures, often in response to Navrestad’s requests for phone sex. Eventually, “Adam” made a specific request for pictures of “guys 10-13.”
In response to “Adam’s” request, Navrestad sought out child pornography on the Internet using the Internet café computer and located links to several Yahoo! Briefcases4 that contained child pornography. While at the Internet café, Navrestad opened and viewed the Briefcases to confirm the contents and then sent a hyperlink to one of the Briefcases that contained child pornography to “Adam.” The websites that are viewed on the Internet café computers are automatically saved in a “temporary internet files” folder
on the computer’s hard drive.5
A temporary Internet file “is created when any of the Windows operating systems is installed with an Internet Browser. This temporary cache is a ‘first in first out’ algorithm in which the United States v. Navrestad, No. 07-0199/AR6 users did not have access to that folder and there is nothing in the record that indicates Navrestad was aware that the sites were being saved on the hard drive. Individuals who use the computers at the Internet café cannot download files or save documents to portable storage devices6 although they could e-mail the documents or print them on a central café printer.
Navrestad was found guilty of both specifications as amended and was sentenced to reduction to
the lowest enlisted grade, forfeiture of all pay and allowances, two years of confinement, and a bad-conduct discharge. The convening authority approved the sentence as adjudged