Simon Jasper McCarty:

Tuesday, November 24, 2009

. . . will likely rot in Hell. But not, first, without assistance on his side by US federal Judge J. Michael Seabright. I suspect, however, that it will all "even out" in the end.

POSTED: 01:30 a.m. HST, Nov 20, 2009

A federal judge has thrown out evidence from a baggage search at the Hilo Airport last year that discovered photographs of naked children.

U.S. District Judge J. Michael Seabright ruled Tuesday that the search by federal Transportation Security Administration officers went beyond the scope of their duties to find weapons and explosives.

He also concluded that a TSA officer's recollections of the August 2008 search were vague and contradictory.

The searched bag belonged to Simon Jasper McCarty, who lives in the United Kingdom. He was in Hawaii to give a seminar on drum circles. He has been in custody since his arrest at the airport.

Prosecutors did not comment on the ruling on Tuesday.

A security officer blog (the Private Officer News Network) proclaims:

HONOLULU HI Nov 19 2009 – A federal judge in Hawaii on Tuesday threw out all the evidence against a man caught with child pornography at Hilo Airport.

The judge ruled that screeners went too far in searching the man’s luggage.

In a ruling that could affect the way the Transportation Security Administration screens luggage. The evidence thrown out on Tuesday included video of the suspect having sex with at least three young boys, prosecutors said.

"You have to let that person off because his rights were violated,” defense attorney William Harrison said.

Harrison represented Simon Jasper McCarty, 37, whom prosecutors said had hundreds of child porn items in his luggage, including videos of his encounters with boys.

Judge J. Michael Seabright ruled that the airport screening that caught McCarty was improper.While going through McCarty’s luggage the screener said some suspicious photos fell out on the table. She then called over another screener, who happened to be her daughter. The judge said that was wrong. To make it worse, the screener could not remember later what they would seen in the first place to make them suspicious.

The law does allow screeners to report illegal contraband, but only if it is in plain sight while they look for weapons or bombs.

The judge wrote, “that the screeners did not confine their search as required and instead began their own criminal investigation into the nature of the photographs.”

"Once she had determined there was no safety factors in the items in the luggage she had no right to go beyond that and violate my client’s right to privacy,” Harrison said.

Motion to suppress is here. YouTube video here; I would present the embed but it is -- shockingly -- prohibited. Comments have also been disabled. What might you conclude is the source of that? YouTube condoning pederasts?

Federal Judge John Michael Seabright was confirmed in 2005. Cases filed before Judge Seabright can be accessed here. One of his Leftist rulings can be found here. Other Seabright rulings here.

To be taken from this ruling?

TSA employees are not considered quantifiable federal Peace Officers. And from this, they proceeded logically as might you or me, in consideration of the material at hand. Not being truly sworn federal Peace Officers, their discovery was ruled inadmissable.

However, please let this be known: Mr McCarty will face charges filed but upon his home country. Where he will return shortly.

As you and I well know: a pederast is a pederast is a pederast.

Justice here. And here. A wonderful movie here. Which I reviewed on Absolute Zero here.

I might suggest this: what goes around comes around.

How unfair is that?

I laugh at you assholes. You deign to hide your base fantasies behind multisyllabic words and dianoses. But you're still detritus. You'll all be swept aside. iPods have more attraction than do you.

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