Litigation Support

When you do computer forensics for a living, you think you?ve heard it all. Then you read the newspapers, and something still more bizarre comes blazing from the headlines. We have heard that solicitation of a minor (generally captured online by law enforcement) was caused by 1) some unknown someone who mysteriously had access to the computer; 2) alcoholism; 3) drug abuse; 4) depression; 5) insanity; 6) curiosity; 7) journalistic research; and 8) the belief that that the other person was an adult pretending to be a child (that gets points for sheer creativity). Mind you, I am not disputing that drug abuse or alcoholism might be contributing factors, though in my experience, people are quick to reach for any excuse to justify unjustifiable conduct.

But I was taken aback by a headline from the Kane County Chronicle in Illinois, where a defendant accused of soliciting a minor online claims that his conduct was caused by medication he was taking for his Parkinson?s disease. The essence of the claim is that the medication caused hypersexuality, which of course means you?ll find that medication at your nearest online Canadian pharmacy shortly. Thomas Maurer is 64 and the allegation is that he solicited a girl he thought was 14 ? I?m not entirely sure what kind of drug could possibly make that conduct pass moral muster in Mr. Maurer?s mind, especially since he had been on the drug for 6 years preceding his arrest. Maurer previously admitted to his crime and was sentenced to 24 months probation, but based on this ?new evidence,? is asking for a new trial.

Sadly, I think the ?my meds made me do it? defense is likely to be seen more and more often. In our pill-popping, 19th nervous breakdown, mother?s little helper society, that defense is just a natural. I hope judges and juries look long, hard and skeptically at any such defense before giving someone a get out of jail free card.

E-mail: snelson@senseient.com      Phone: 703-359-0700