Ohio man gets 56 years for recording students in bathroom

[Omaha Steve]

Source: AP

ASHLAND, Ohio (AP) — A judge in northeast Ohio has sentenced a former teacher to 56 years in prison for secretly recording kindergartners using a bathroom next to their classroom.

Thirty-three-year-old Elliot Gornall was sentenced Monday in Ashland County after pleading no contest in October to 181 counts, many of which involved the use of minors in nudity oriented material or performance. Gornall entered that plea intending to appeal a judge's ruling that said images found on his computer were properly obtained and could be used as evidence.

Authorities say Gornall used a small spy camera to record 25 of his students at a school in Loudonville, about 80 miles south of Cleveland. The images were recorded between August and November 2014.

Neither Gornall nor his attorney addressed the charges during sentencing.

Read more: http://bigstory.ap.org/article/712a9211029240df96bc09807fff63e1/ohio-man-gets-56-years-recording-students-bathroom

[Agnosticsherbet]

1. The judge was too lenient

56 years per count served consecutively would have been more just.

[Massacure]

20. The perp likely won't see the outside of a prison again.

The perp will have to live to 89 before he is freed from prison. Ohio has no good time credit for crimes commited after 1996.

[valerief]

2. Eeyew, what a pervy, twisted creep! Still, I can't help comparing his sentence

to George Zimmerman's (and all the other racist murderers). Per Wikipedia, they were likely mostly white kindergartners, so that explains it.

As of the census[5] of 2000, there were 2,906 people, 1,189 households, and 763 families residing in the village. The population density was 1,168.8 people per square mile (450.6/km²). There were 1,264 housing units at an average density of 508.4 per square mile (196.0/km²). The racial makeup of the village was 98.93% White, 0.03% Native American, 0.21% Asian, 0.17% from other races, and 0.65% from two or more races. Hispanic or Latino of any race were 0.52% of the population.

https://en.wikipedia.org/wiki/Loudonville,_Ohio

[7962]

3. Explains what?

You had to actually look up the racial makeup of the community? While I'd just as soon seen a life sentence, 56 yrs for this guy pretty much gets him there. What exactly were you looking for?
What about all the non-racist murderers? Should they get a discount?

[wickerwoman]

11. I don't think the OP is arguing with the appropriateness of the sentence

just with the inappropriateness of other sentences.

For example, convicted rapists often only get 12-15 years and he's getting 56 years for making child porn - a serious crime obviously, but more serious than rape?

The vast majority of rapists, particularly in minority communities, are never prosecuted in the first place and never spend a day in jail. Look at the hundred of thousands of rape test kits that just sit in storage without ever being processed.

The point is that some crimes are prosecuted and punished more vigorously because of who the victims are. White, middle class kids - we nail the bastard to the wall with extreme prejudice. Minority poor kids, not so much.

[cstanleytech]

12. Maybe I missed it, where did it mention that he was convicted for making child porn in the article?

[wickerwoman]

13. "181 counts, many of which involved the use of minors in nudity oriented material"

i.e child porn

[cstanleytech]

14. Well thanks for clearing up that nudity = porn.

[wickerwoman]

15. When it involves the use of minors who by definition cannot give consent,

and it isn't pictures taken by their parents in the context of "oh how cute look at Johnny in the bath" but is taken by their teacher for obviously creepy sexual pleasure then yes, nudity = porn.

There is absolutely no scenario under which a non-relative teacher should own naked pictures of a five year old and it isn't child porn.

Where exactly are you coming from on this? I'd be very curious to know why you seem to be invested in defending this behaviour?

[cstanleytech]

18. No, it doesnt. If it did the the prosecutor would have charged him for

manufacturing and possessing it and he would have gotten a hell of alot more than 56 years.
I suggest reading this http://www.mansfieldnewsjournal.com/story/news/local/2015/12/28/gornall-gets-56-years-prison-recording-kids/77973282/ as it explains more why he actually got the length of sentence that he got.

[wickerwoman]

19. OK,

From your link: "Tunnell said evidence in the case shows Gornall has been a drug addict for 15 years and is a pedophile who had “thousands” of videos and pictures of children involved in sex and sexualized acts on his computer."

Still to hear any explanation of a scenario where a teacher has "nudity oriented" pictures of a five year old and it isn't child porn.

[cstanleytech]

21. Legally the difference is usually that the photos have to be sexually explicit for

it to be considered child porn
https://www.law.cornell.edu/uscode/text/18/2256
Nude pictures in and of themselves of children does not constitute child porn, if it did there would be a hell of alot of parents in jail for taking photos of their kids in the bath.

[wickerwoman]

22. Great.

And I quote from your article again: "Tunnell said evidence in the case shows Gornall has... “thousands” of videos and pictures of children *involved in sex and sexualized acts* on his computer."

Therefore, child porn.

[cstanleytech]

23. You can cherry pick all you want but it doesnt change the facts of the article which does not

mention his being charged and convicted for possessing child porn as defined under the law.

"Gornall pleaded no contest Oct. 29 and was found guilty by Ashland County Judge Ron Ronald Forsthoefel of 181 charges, most involving the illegal use of minors in nudity-oriented material or performance. He was accused of videotaping or trying to videotape 25 of his kindergarten students using the bathroom last year as well as personal use of drugs.

Prior to sentencing, the judge accepted written sentencing stipulations presented earlier by prosecutor Christopher Tunnell that included a list of counts to be merged for sentencing purposes because they involved the same students and similar conduct. Tunnell told the court the action would result in sentences specific to charges involving each child.

Judge Forsthoefel sentenced Gornall to 56 years in prison for 66 second- and third-degree felony counts that included pandering of obscenity. He ordered an additional 43 years in prison to be served concurrently with the 56-year term for the remaining less serious charges involving minors and several other felonies, including the illegal possession of drugs, stolen property and marijuana."

[wickerwoman]

24. If this is the kind of thing you want to spend your short time on earth arguing about

then welcome to it.

[cstanleytech]

25. Oh thats rich considering you were the one that started the entire thing by claiming

the guy was convicted for child porn when the fact is he wasnt.

[Chemisse]

26. Perhaps the names of the charges vary from state to state,

But 'illegal use of minors in nudity-oriented material or performance' means, in simple language, making child porn. 'pandering of obscenity' means creating, copying or publishing child porn.

[cstanleytech]

28. It illegal in that he took photos and videos of them while they were using the bathroom

without their parents consent but its not child porn as defined by most state or federal agencies unless they were photos of videos that had the child either engaged in a sexual act or posed in a sexual suggestive manner and thats probably he got such a light sentence, if it had been actual child porn he had been convicted for he probably would be lucky to get a sentence under 100 years.

[nomorenomore08]

29. Sounds like a distinction without a difference, in this case. Why the need to split hairs? n/t

[cstanleytech]

30. Because the law itself makes the distinction.

If the majority of you want the government to rewrite the laws so that even nudity of children is considered child porn in the future though feel free, I wont stand in your way to rewrite them as you are mature adults and I assume are capable of making your own decisions including living with the consequences.

[nomorenomore08]

33. I wouldn't agree with that concept either, generally speaking (nudity equalling "porn").

This just seems like an odd instance in which to make the argument, considering the guy got a stiffer sentence than even the majority of child sexual abusers do. Obviously, what he did wasn't considered remotely on par with "bathtub baby pictures" and the like.

[cstanleytech]

34. No its not par but thats why he was rightly convicted and sentenced, the current laws worked. nt

[Lordquinton]

4. Jared got 15

Upon doing some formal research (Wikipedia) It seems that he got a low sentence because of a bargain struck that he pays $1.4 million in restitution, out of his $15 million

And I'm gonna leave this topic cause I've read far too much (one page) of it for today.

[FLPanhandle]

5. At least he made it to sentencing.

A local children porn offender was found guilty but had to have the sentencing delayed as he was beaten up too badly by the other inmates.

I wonder how ol' Elliot Gornall will fair in prison...

[KansDem]

7. I've read that pedophiles are the lowest of the low in prison...

'They Usually Don’t Make It’

Such offenders, including Geoghan, often are placed into protective custody with other prisoners seen to be under a threat.

"Once their crime has become known, they usually don't make it" without protective custody, said Lt. Ken Lewis, a corrections officer and spokesman at California's Los Angeles County State Prison. "There's a lot of [pedophiles] that can successfully make it … as long as they don't brag about their offense."

If they do talk, "they'll get beat up," Lewis added. "In some places he may even get his throat cut."

That potentially could mean a lot of inmates at risk. At the end of 2001, about 83,000 state prison inmates, or about 6.8 percent, were male sex offenders who had committed a rape or sexual assault against a minor under age 18, according to Allen Beck, chief of corrections statistics for the federal Bureau of Justice Statistics.

Just 56 state and federal prisoners out of a population of about 1.3 million were actually killed by other inmates during the yearlong period between July 1999 and June 2000, and it was unknown how many were pedophiles, Beck said.

But unpopular prisoners also can be harassed in other ways.

"<Child sex offenders> are at risk of being murdered, having their food taken, having their cells defecated and urinated in," said Leslie Walker, a prisoner's rights activist with the Massachusetts Correctional Legal Society. "Their life is truly a living hell."

ABC News

Mr. Gornall will have no easy time of it.

[iandhr]

6. What a creep

Hearing stuff like this makes one want to

[Botany]

8. What is the matter w/some people?

Photos of kindergartners going to the bathroom?

[rladdi]

9. And killer cops go free. This is the real justice in America. Judges get put on the bench

by politics and most Judges rule not by law but their feelings. America, when will law makers ever create a real justice for America.

[Lucky Luciano]

10. Where is Florida man when you need him.

That said, what a POS - hopefully the guards explain to the other inmates why he is in jail.

[trillion]

16. okay, he's a perv voyer. Too bad we can't get sentences like that for crooked CEO's, rapists,

and murderers.

[Judi Lynn]

17. What do these people have against minding their own business?

[center]

Elliot Gornall

[/center]

[Chemisse]

27. This seems like a lot of years, compared to sentences for murders and rapes.

On the other hand, people like him are (supposedly) rarely cured of their obsessions, so would be released only to reoffend.

[Blue_Tires]

32. +1

[Adrahil]

31. Good. But no charges for murdering...

A twelve-year-old.

[Bradical79]

35. I feel like I should avoid LBN before bed...

some people... I just can't wrap my mind around how some people get like this. This news is kind of a double whammy of unpleasantness. The crime is all kinds of messed up on its own, but like some others in the thread, it brings to mind other even more horrible crimes that get crazy light punishment too.

[proverbialwisdom]

36. ...entered plea intending to appeal ruling that images found on his computer were properly obtained.

Sounds thorny. Consider recent developments in California.


NEW LAW SB-178 Privacy: electronic communications: search warrant. (2015-2016)

https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB178
https://leginfo.legislature.ca.gov/faces/billHistoryClient.xhtml?bill_id=201520160SB178
http://www.leginfo.ca.gov/pub/15-16/bill/sen/sb_0151-0200/sb_178_bill_20150904_amended_asm_v91.pdf

http://www.protect.org/178

PROTECT: Major Issues of Concern

1. Peer-to-Peer Investigations

Most earlier versions of this bill would have barred ICACs from accessing a suspect’s “device information,” which would include GUIDS (global unique identifiers). This data is currently freely advertised by suspects on P2P networks and automatically collected and stored by the two major peer-to-peer undercover platforms (CPS and Roundup). As a result, California ICACs would have effectively been shut out of peer-to-peer investigations.

After protest by PROTECT, the authors amended the bill, but insufficiently...

...Is this language, based on the “intent” of child pornography traffickers, enough to stand up to challenge in California courts? The only honest answer is, “a judge could tell you.” We expect years of court battles if this bill becomes law, with a danger that convictions could be overturned...

2. Advance Notice to Suspects

S.B. 178 requires that law enforcement notify child pornography suspects they are coming...

3. Emergency Provision

S.B. 178 allows police to access device information (such as that routinely shared publicly by suspects and gathered by ICAC undercover systems) without a warrant, wiretap order or consent in cases of an "emergency," but this provision is drafted so narrowly it will be useless in most child sexual exploitation cases. An “emergency” is defined as risk of “death or serious physical injury.” Moreover, if law enforcement invokes the emergency provision, it must return to court again and prove that those conditions in fact existed. If they cannot be proven, the bill requires judges to destroy all evidence.

PROTECT explained to all Assembly Member offices in writing that most child sexual abuse and child pornography production does not cause “death or serious physical injury.” That point was also made by Assembly members during floor debate. PROTECT also pointed out that California sex offense statutes have long had a clear distinction between child rape and child rape with physical injury. The authors were unwilling to change this provision.

https://www.eff.org/deeplinks/2015/10/victory-california-gov-brown-signs-calecpa-requiring-police-get-warrant-accessing

OCTOBER 8, 2015 | BY DAVE MAASS
Victory in California! Gov. Brown Signs CalECPA, Requiring Police to Get a Warrant Before Accessing Your Data

Californians can rest assured that law enforcement can’t poke around in their digital records without first obtaining a warrant. Today, Gov. Jerry Brown has signed S.B. 178, the California Electronic Communications Privacy Act (CalECPA).

After months of pressure from public interest groups, media organizations, privacy advocates, tech companies, and thousands of members of the public, California’s elected leaders have updated the state’s privacy laws so that they are in line with how people actually use technology today.

CalECPA protects Californians by requiring a warrant for digital records, including emails and texts, as well as a user's geographical location. These protections apply not only to your devices, but to online services that store your data. Only two other states have so far offered these protections: Maine and Utah.

<>

http://www.protect.org/articles/child-predator-iceberg
http://www.protect.org/categories/newswire
http://www.protect.org/categories/legislation

Not my field, but I defer to PROTECT.ORG by default. More: https://www.gofundme.com/herocorps and http://www.protect.org/donate