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- Date: 24 Mar 93 01:16:36 EST
- From: David Lehrer <71756.2116@COMPUSERVE.COM>
- Subject: Akron BBS Sting Update
-
- Akron Anomaly BBS trial issue:
-
- Distributed with permission of The Akron Beacon Journal
- David Lehrer
-
- ********************
-
- POLICE SAY THEY WERE TAKING A BYTE OUT OF CRIME MUNROE FALLS
- MAN WAS ARRESTED FOR HAVING X-RATED PICTURES ON HIS COMPUTER
- BULLETIN BOARD; HIS PARENTS BELIEVE THE STING OPERATION WAS
- POLITICALLY MOTIVATED.
-
- Akron Beacon Journal (AK) - MONDAY March 22, 1993
- By: CHARLENE NEVADA, Beacon Journal staff writer
- Edition: 1 STAR Section: METRO Page: A1
- Word Count: 1,538
-
- TEXT:
- When the police cars pulled up to David Lehrer's quiet Munroe
- Falls
- street last June, it was a little like they were swooping
- down on a major criminal.
-
- Police Chief Steve Stahl went to the door and told Lehrer that
- he
- had a search warrant to seize computer equipment belonging to
- Lehrer's
- son, Mark. The chief told the elder Lehrer that there was
- reason to believe Mark Lehrer, then 22, was using the computer
- and a
- modem to disseminate matter harmful to juveniles.
-
- Essentially, the chief said, it appeared that there were dirty
- pictures on a popular computer bulletin board operated by the
- younger Lehrer and that teen-agers could use their own computers to
- view the dirty pictures.
-
- The police went through the Lehrers' home -- seizing,
- labeling and photographing anything and everything that fit on the
- computer. It was just like on a police television show, only it was
- happening in Munroe Falls and the accused was a college student
- computer whiz.
-
- Greg Lehrer, Mark's younger brother, remembers asking
- one
- of the officers: 'Why don't you go out and find some real
- criminals?'
-
- That was nine months ago.
-
- Some might still ask that question.
-
- The case of the State of Ohio vs. Mark Lehrer was closed last
- week
- when Lehrer stood before a judge in Summit County and pleaded
- guilty to one rather strange misdemeanor: attempted possession of
- a
- criminal tool.
-
- Lehrer and his family said the plea bargain was a way to put
- the
- matter behind them without risking a jury trial and more legal
- expenses. They consider the whole episode a witch hunt by Munroe
- Falls
- police.
-
- David Lehrer has said from the beginning that Munroe Falls
- police
- only wanted to appropriate his son's high-power computer -- which
- they
- labeled a criminal tool -- for their own use.
-
- Within the computing community, the case caused so much
- outrage
- that some lawyers and accountants set up a defense fund to help
- Lehrer. More than $1,500 came from all over the country.
-
- Munroe Falls Police Chief Steve Stahl is about as unhappy
- over the resolution as the Lehrers.
-
- Stahl wanted a felony conviction. The chief denied being on a
- witch
- hunt for criminals in a relatively crime-free suburban community.
-
- Lehrer's attorney, Don Varian, said the prosecutor offered
- to
- plea bargain because prosecutors would have had problems going to
- trial: 'They would have lost and they knew it,' he said.
-
- On this much everyone agrees: Between last June and last week,
- the
- case took lots of strange turns.
-
- THE AKRON ANOMALY
- It started one day last spring when Munroe Falls police got a
- tip
- from a Kent State University student who said he was
- concerned
- that obscene material was available to juveniles through a computer
- bulletin board known as the Akron Anomaly.
-
- The Akron Anomaly was the baby of Mark Lehrer, a University
- of
- Akron student. Lehrer has been into computers since he was in
- grade
- school and his dad brought the first one home. Among people
- who
- love computers, bulletin boards are a way to share ideas and
- programs.
- Bulletin board users are a little like yesterday's ham radio
- operators.
-
- The operator of a computer bulletin board is usually someone
- who has lots of games, pictures and programs to share.
-
- Others can sign onto their own computers -- and with the aid of
- a
- modem and telephone line -- tap into the bulletin board and copy
- the
- files.
-
- As computers go, Lehrer had a V-8 engine, a 486 IBM clone
- with 500 megabytes of memory. (The whole Bible could be stored
- in
- 1 1/2 of those megabytes.)
-
- Lehrer works at a computer store in Stark County. He was
- allowed
- to buy accessories and upgrades at discount. His system -- not
- including discs --was valued at about $3,000.
-
- The bulletin board was so successful that early last year
- a
- local computer group called it one of the best around.
-
- Those who wanted to use the bulletin board more than 45
- minutes
- a day were asked to pay $15 a year, which Lehrer applied to his
- phone
- bill.
-
- X-RATED MATERIAL
-
- The board had an adult section with X-rated pictures and
- movies.
- Those who wanted access to the adult section had to send
- Lehrer
- a copy of a driver's license and get a special clearance.
-
- Computer users don't just take things from a bulletin
- board.
- They contribute, too.
-
- Programs and pictures sent to the Anomaly were received in
- sort
- of an 'in' basket. Lehrer then sorted them and filed them by
- category.
-
- The X-rated stuff -- which Lehrer said was less than 2
- percent
- of the available files -- was put into the restricted-entry
- adult category. According to Stahl, some of the X-rated
- files
- wound up in the clean section.
-
- One in particular troubled Stahl. It was labeled '69,' a slang
- term for oral sex, and had three X's behind it.
-
- To Stahl, that meant dirty. And since it wasn't in a
- restricted-access section, anyone could see it.
-
- But since Munroe Falls didn't actually have any outraged
- parents complaining, the police set up a sting operation.
-
- Working on the advice of prosecutors from the Cuyahoga Falls
- Municipal Court, police found a 15-year-old volunteer and
- had
- him apply for membership under a fake name. They sat him down
- at a
- computer and had him press the button to access one of the
- X-rated
- files. Then he left because his parents didn't want him viewing the
- material.
-
- Lehrer was charged with disseminating matter harmful to
- juveniles and possession of criminal tools -- his computer.
-
- At a preliminary hearing last June, Cuyahoga Falls
- Municipal
- Judge James Bierce warned that more evidence would be needed to
- convict Lehrer. Nonetheless, the matter was bound over to the
- grand
- jury.
-
- And that's where it died. Just why isn't clear. Grand jury
- proceedings are secret.
-
- Stahl said the grand jury didn't actually get to see the
- pictures.
-
- Varian has his own theory.
-
- The police didn't have an independent witnesses saying they
- or
- their children were offended, Varian said. All they had was the
- 15-year-old kid who was set up. That meant the jury would have had
- to
- look at the issue of entrapment. Jurors might not have liked that.
-
- NEW CHARGES
-
- But the matter didn't end with the grand jury no-billing the
- issue of disseminating matter harmful to juveniles.
-
- New charges surfaced.
- When authorities seized Lehrer's computer, they also
- took
- those shopping bags full of floppy discs. And apparently among them
- were some sex pictures in which the subjects could have been under
- 18.
-
- So Lehrer was indicted for pandering obscenity involving
- minors.
-
- It didn't matter that the pictures came from a disc and weren't
- on
- line or available through the bulletin board.
-
- The new charges made David Lehrer, Mark's father, suspect
- even
- more that there was a hidden agenda.
-
- POLITICS AT WORK?
-
- Lehrer chairs the city's charter review commission. Last
- May, the commission voted not to make the police chief's job
- classified, which would have afforded Stahl a great measure of job
- protection.
-
- Plus, after the bust, Susan Lehrer -- Mark's mother --
- visited the chief. She took notes. She said Stahl talked about
- how
- her son's computer could be used in police work.
-
- Stahl denied his actions were politically motivated. He
- also
- denied wanting to get the computer, which is now in the
- hands
- of state law enforcement officials.
-
- The chief said he decided it would be wrong to ignore the
- case
- just because Mark Lehrer's father held a public position.
-
- Stahl denied digging through the floppies to find more to
- charge
- Lehrer with. The Bureau of Criminal Investigation did that, he
- said.
-
- COMPUTER GONE FOR GOOD
-
- Mark Lehrer acknowledged having some adult files in the
- unrestricted area. With 10,000 files to deal with, he said, it was
- a
- clerical error.
-
- Summit County Prosecutor Lynn Slaby said that it would have
- been
- tough to convict Lehrer on the kiddie porn charges because
- proving
- the ages of the people in the pictures would have been tough.
- Varian said the women looked in the range of 16 to 20.
-
- To salvage the case, prosecutors offered the plea bargain.
- Lehrer
- said he agreed to it because expert witnesses -- people to
- testify the people in the picture weren't under 18 --
- would
- have cost $6,000.
-
- Most importantly, he said: 'I didn't want to go to trial
- for
- child pornography. Juries sometimes convict people unfairly.'
-
- He got no jail time, no probation and a small fine. But he had
- to
- give up his computer.
-
- 'We did not endorse the plea agreement,' Stahl said. He said
- he
- still believes that Lehrer is guilty of disseminating
- matter
- harmful to juveniles.
-
- The chief said he isn't on an obscenity crusade. 'We're not
- Ravenna,' he said, referring to that city's anti-porn-crusading
- mayor,
- Donald Kainrad.
-
- To Lehrer -- who sees an empty room instead of a sophisticated
- computer -- it's been a nightmare and the end of a great hobby.
-
- 'Being hit with child pornography charges' was far from just,
- he
- says. 'It's scary what people -- police and prosecutors -- can do
- to
- a citizen.'
-
- CAPTION:
- Photo
-
- PHOTO: LEW STAMP
-
- Beacon Journal - David Lehrer (left) and his son Mark
- question why Munroe Falls police targeted Mark's computer
- bulletin board, the Akron Anomaly.
-
- DESCRIPTORS: DAVID LEHRER; MARK; MUNROE FALLS POLICE; SEARCH
- WARRANT;
- COMPUTER EQUIPMENT; COLLEGE STUDENT; OBSCENE;
- JUVENILE;
- BIOGRAPHY; INFORMATION
-
-
- ------------------------------
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