Jail term upheld for man found unconscious with child porn

September 14, 2018

CARLISLE, Pa. (AP) — A man who was found unconscious in his home as child pornography scrolled across his computer screen can’t have his conviction thrown out.

A Pennsylvania Superior Court panel ruled that evidence supports 49-year-old Daniel Smyser’s conviction and one- to two-year county prison term.

PennLive.com reports crews rushed to Smyser’s Carlisle home in August 2015 in response to a 911 call from someone making choking sounds.

They found Smyser unconscious on the floor in his underwear. His computer was connected to a child porn chat room full of images.

When he awoke at a hospital, he claimed enemies planted the images on his computer.

At his nonjury trial in June 2017, his daughter and sister testified Smyser lacked the know-how to download them.

A county judge disagreed and convicted him of child porn possession.


Information from: Pennlive.com, http://www.pennlive.com