After NM Court of Appeals overturns child porn conviction, high court steps in

The New Mexico Supreme Court has reinstated the conviction of David Rael, a Los Alamos resident, overturning a previous Court of Appeals decision that had annulled his conviction for producing child pornography. 

Rael had initially been sentenced in 2017 to a nine-year prison term on multiple counts related to the manufacture, distribution, and possession of child pornography, as reported by the Administrative Office of the Courts.

The appellate court had previously vacated Rael’s convictions on the grounds of insufficient evidence to demonstrate his intent to breach state law, with Rael maintaining that the downloading of child pornography was unintentional. 

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However, the Supreme Court’s recent judgment countered this view, highlighting substantial circumstantial evidence from the trial that suggested otherwise.

The justices pointed out that Rael’s claims of accidental conduct were not convincing, given the compelling evidence. They noted, “This evidence and reasonable inferences from the evidence are sufficient for a factfinder to reasonably conclude that Defendant intentionally copied these videos with the intent to copy child pornography because he knew they depicted child pornography.”

With the Supreme Court’s decision, the case will return to the district court to reaffirm the original judgment and sentence against Rael.

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8 thoughts on “After NM Court of Appeals overturns child porn conviction, high court steps in”

  1. We should expect nothing less from the appellate court in NM. When 7 of the 11 judges are graduates of the democrat supported communist organization called EMERGE. Their intent is to push communist ideals into everything in our lives. Three of the Supreme Court justices are graduates and I suspect all 3 congressional reps are. I know Stansbury is one. These people hate everything about America.

  2. I have been told that all of the appellate judges are civil attorneys. Not one has been a prosecutor or defense attorney.

  3. Thank you Supreme Court justices, justice has been served. Who’s protecting the children that are victims to this pornography.
    First amendment protection for this smut!!!!! BS 9 years plus castration without anesthesia for Rael.

  4. Accidental downloading might happen once–not repeatedly!! Did the lower court want to protect someone in the Lowerjan regime that had visited his computer site as well? HMMMM.

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