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thedrifter
02-22-08, 08:27 AM
Soldier to serve 6 months in jail for child porn
Members of specialist’s regiment supported him as a ‘good soldier’ during sentencing
By Seth Robson, Stars and Stripes
European edition, Friday, February 22, 2008

VILSECK, Germany — A 2nd Stryker Cavalry Regiment soldier will spend the next six months in jail after being convicted of possessing child pornography.

Spc. Joshua Windey, 22, pleaded guilty Wednesday to possessing a DVD and laptop computer containing 26 images and two videos of the sexual abuse of teenagers and children. Some of the victims were as young as 7.

He also pleaded guilty to making a false official statement to CID investigators when he told them that he didn’t download the child pornography after it was discovered by authorities on Nov. 3, 2006.

Windey told the court he stumbled on the child porn while using a software program to search for adult porn on the Internet. The “peer-to-peer” program lets users share and search for files on each other’s computers. However, prosecutor Capt. Derrick Grace said Windey actively sought child porn by searching for files with words such as “child rape,” “Lolita” and “underage.”

During the trial, Judge (Col.) Greg Marchessault used a projection screen to review each image and video with the accused and prosecution and defense lawyers. The screen was not visible to the public gallery but several soldiers watching the trial left the room as the judge described in graphic detail the scenes of child abuse depicted.

Marchessault said authorities were able to identify at least three children depicted in Windey’s collection, thus establishing them as minors by birth date as opposed to judging the images.

Windey faced a maximum of 15 years’ confinement, forfeiture of all pay and allowances and a dishonorable discharge. The prosecution only sought 18-months’ confinement.

During the sentencing phase of the trial the court heard from several members of the regiment — officers and enlisted soldiers — who described Windey as a good soldier who they would readily deploy with, even knowing about his child porn collection.

But Grace said Windey sought out child pornography, downloaded it, decided which images to keep, stored them on a computer disc and hid it. Grace said Windey tried to download more than 6,700 images and 6,700 movies.

“(It was) his own little sick collection of videos and images,” he said.

Windey said his behavior was inexcusable and should be punished but added that he was molested by a neighbor as a child. “The man was ultimately arrested and put in prison. Afterwards I went through many years of therapy,” he said.

Defense attorney Capt. Abe Burgess said Windey’s community — the other soldiers from his unit — still believed he was a good soldier. He pointed out that the unit promoted Windey to specialist knowing that he faced the child porn charges.

“Don’t hold him responsible for all the evils of child pornography,” he said.

In addition to the jail time, Windey received a reduction in rank to private and was given a bad-conduct discharge.

Ellie