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.
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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