Joseph Gerber

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Charge:	"Child Pornography (Possession, Manufacture, or Dissemination)"
Sentence:	13 yrs 4 months
Years Imprisoned:	2
Year Crime:
Year Convicted:	2009
Year Cleared:	2011
U.S. State or Country of Crime:	California
County or Region of Crime:	San Jose
City of Crime:	Milpitas
Result:	Judicially Exonerated
Summary of Case:	"Joseph Gerber was wrongly convicted in 2009 of child pornography for pasting his 13-year-old daughter's head on sexual images of adult women. Gerber was also convicted of 3 counts of furnishing his daughter with drugs. Gerber was sentenced to 13 years and 4 months in prison. On June 8, 2011 The California Court of Appeals overturned Gerber's pornography conviction on the basis that although the doctored photos found on Gerber's computer may have been repugnant they don't violate the state's law against possessing child porn because his daughter didn't actually engage in or simulate a sex act. The court also overturned two of Gerber's three convictions for furnishing his daughter with drugs,"
Conviction Caused By:	"Judge erroneously allowed the prosecution to apply California's child pornography law to photos of adult women with the head of Gerber's daughter "photoshopped" onto them."
Innocence Proved By:	"On June 8, 2011 The California Court of Appeals overturned Gerber's pornography conviction on the basis that although the doctored photos found on Gerber's computer may have been repugnant they don't violate the state's law against possessing child porn because his daughter didn't actually engage in or simulate a sex act. The court also overturned two of Gerber's three convictions for furnishing his daughter with drugs,"
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Sex:	Male
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Information Source 1:	"Conviction Reversed in (Very) Odd Child-Porn Case, By Patrick G. Lee, Wall Street Journal, June 9, 2011"
Information Location 1:	http://blogs.wsj.com/law/2011/06/09/conviction-reversed-in-a-very-odd-child-porn-case/
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Joseph Gerber

Charge:

"Child Pornography (Possession, Manufacture, or Dissemination)"

Sentence:

13 yrs 4 months

Years Imprisoned:

2

Year Crime:

Year Convicted:

2009

Year Cleared:

2011

U.S. State or Country of Crime:

California

County or Region of Crime:

San Jose

City of Crime:

Milpitas

Result:

Judicially Exonerated

Summary of Case:

Conviction Caused By:

"Judge erroneously allowed the prosecution to apply California's child pornography law to photos of adult women with the head of Gerber's daughter "photoshopped" onto them."

Innocence Proved By:

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"Conviction Reversed in (Very) Odd Child-Porn Case, By Patrick G. Lee, Wall Street Journal, June 9, 2011"

Information Location 1:

http://blogs.wsj.com/law/2011/06/09/conviction-reversed-in-a-very-odd-child-porn-case/

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