Name: James M. Allen
Case: United States v. Allen No. 99-0788
Date Of Appeal: May 4, 2000
Plea: Not Guilty
Charges: Sodomy, Battery, Child Pornography Possession
Military Branch: U.S. Air Force
Listed In National Sex Offenders Registry? NO
On July 31, 1996, a government network technician became concerned that files passing through the network firewall onto a government computer might contain attached graphic images of pornography. When the technician examined a portion of one image, he concluded it involved child pornography. He reported the incident to his supervisor who in turn reported it to the Air Force Office of Special Investigations (AFOSI or OSI). The internet service provider was "Super Zippo."
The OSI investigation revealed that the computer to which the graphic image was being sent was located in an area in which four people worked, although the area was accessible to others. The investigation excluded three of the four people working in the area as capable of having received the graphic image, largely because those three persons were not present in the area at the time.
The remaining individual, appellant, admitted he had been using the computer in question for a period of about 15 to 20 minutes that day. He also admitted that "Super Zippo" was his Internet Access Provider (IAP),1 and that he possessed "erotica" at home. When asked if this included child pornography, appellant stammered, then asked what the agents meant by child.
Because appellant’s private residence was off-post, OSI agents went to El Paso County law enforcement to have them obtain a search warrant. OSI agents accompanied the El Paso County officer to appellant's home. Numerous photos, computers, and computer discs were seized pursuant to the warrant.
The appellant was convicted of assaulting his former wife by grabbing her throat, choking her, and banging her head on the floor. He was also convicted of soliciting her to commit prostitution. According to the appellant’s former wife, he told her to prostitute herself because they could use the money she received to pay family bills and that having sex with other men would improve their sexual relationship.
Appellant alleges that his conviction for engaging inn sodomy with a former wife is a violation of his fundamental right to engage in private consensual sexual relations without interference and regulation by the government. We disagree.
We note that the charged acts of sodomy were not discovered as a result of a government investigation into appellant’s marital activities, but were brought to the attention of authorities by appellant’s former wife during the pornography investigation, who seized on the occasion to initiate a discussion with authorities concerning a pattern of abuse by her husband, which included the charged acts.
In the military, the law seems clear——any type of sodomy remains a crime.
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James M. Allen
First Lieutenant U. S. Air Force
Convicted Sex Offender
Sodomy Battery Child Pornography Possession
