United States v. Miller, No. 11-2506 (7th Cir. 2012)
Annotate this CaseAn investigator downloaded child pornography videos from an internet protocol address registered to Miller and searched Miller’s home. Miller told agents that they might find child pornography. The search yielded computers and an unconnected hard drive containing multiple video files and images of child pornography. Miller’s wife stated that she had confronted Miller about the pornography on his computer, that his six-year-old granddaughter had alleged that Miller had watched her get undressed and inappropriately touched her, and that Miller’s teenage stepdaughter claimed that Miller “regularly” walked in on her while she showered. Miller voluntarily admitted that he had downloaded child pornography. Charged with distributing, receiving, and possessing child pornography, 18 U.S.C. 2252(a)(1), (b)(1); 2252(a)(2); 2252(a)(4), Miller testified that he did not “seek out images of naked children.” The court allowed questions about allegations by his granddaughter and stepdaughter, but prohibited extrinsic evidence concerning the allegations and instructed the jury that the evidence was relevant only to questions of intent, knowledge, and lack of mistake. The Seventh Circuit affirmed his convictions. While it was error for the court to admit the evidence without first weighing probative value against risk of unfair prejudice, the error was harmless because evidence of guilt was overwhelming.
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