7 results for month: 02/2010
Federal judges are now being asked to consider whether someone convicted of possessing child porn should pay restitution to the children in those images. "Amy," as she's known in court papers, is now 20; but when she was 8 or 9 her uncle took pictures of her that are among the most circulated child porn images. She's using the Crime Victims Rights Act of 2004 to win millions of dollars in court-ordered damages from people who use those abusive images of her. We speak with Amy's attorney, James Marsh, and Jonathan Shapiro, who is defending a man who has been ordered to pay restitution to her.
Marsh says proximate cause should not matter in determining whether Amy receives restitution.
"We think that the standard is harm. It's not cause," Marsh says. "If the victim was harmed by the criminal defendant's conduct, then she is entitled to restitution under this statute."
The stipulation that Amy did not know who Paroline is or that he possessed her images is a "red herring" in the case, Marsh says.
"It's clear that the victim knows that unlimited numbers of unknown individuals are engaging in this illegal activity. And that knowledge need not be particularized for the victim to be harmed," Marsh says. "I could send her lists of names ...
James Marsh is an attorney who represents "Amy," a woman who was sexually assaulted by her uncle starting when she was four years old.
Marsh says "Amy," pictured in the infamous "Misty Series" of child porn images, is victimized every time images of her are downloaded into a computer. Marsh says "Amy" has received more than 800 notifications from federal prosecutors that her images have been found on computers seized in child porn investigations. In some of those cases, Marsh has sued for restitution, and "Amy" is getting paid.
Marsh says money may never heal his client, but the money will help cover the costs of therapy for the woman, who is so ...
Every day, "Misty" finds out that another pedophile has been caught with images of her. He could be a pastor, a cop or a mechanic busted with pornographic pictures taken when she was 8 or 9 years old. In each case, another person is making her a victim again and again, said her attorney James Marsh.
In each instance -- now at 350 and growing -- Marsh and Misty are seeking more than $3 million in restitution to help make her whole. It doesn't matter if the offender has one photo or thousands, Marsh said. Each offender should be just as liable as the next to pay full restitution.
"Right now, I am tracking 850 defendants," Marsh said last week. ...
Requests for restitution have picked up as more victims are identified - and as a couple of victims, including Amy, have hired attorneys, said Meg Garvin, executive director of the National Crime Victim Law Institute in Portland, Ore.
Hundreds of requests have been filed nationwide, most of them by Amy's attorney, James Marsh of New York. Marsh said that as recently as five years ago, restitution would have been impossible because victims wouldn't have known when someone was caught with an image of them. The Crime Victims Rights Act of 2004 set up a system for notifying the victims. Now, Marsh gets several notices a day on behalf of Amy.
Some judges have said restitution goes too far in punishing pedophiles whose only crime is to view photos, but Amy's lawyer, James Marsh, disagrees, saying the brutality in the "secret society" of child pornography requires tough measures.
"This is not 13-year-olds in bras or sexting or 17-year-old girls gone wild -- these are kids who are raped," said Marsh, a New York City lawyer.
"In one notorious set of images, the father used to put a studded collar around his 6-year-old and wrote on her in what looked like blood, 'I am Daddy's little girl, rape me.' He locked her in a dog cage," he told ABCNews.com.
Marsh is now seeking restitution in ...
When Amy was a little girl, her uncle made her famous in the worst way: as a star in the netherworld of child pornography. Now, with the help of an inventive lawyer, the young woman known as Amy - her real name has been withheld in court to prevent harassment - is fighting back.
The most novel approach is being taken by Amy's lawyer, James R. Marsh, whose practice focuses on child exploitation cases. Mr. Marsh's arguments are the fruits of a national movement granting greater rights to crime victims and shifting the financial burden of crimes to criminals, said Paul G. Cassell, a former federal judge and professor of law at the University of Utah, ...