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Why did one teenager face 90 years in jail for viewing porn?
Jan. 12, 2007— -- Sixteen-year-old Matthew Bandy was about as normal a teenager as you could find. He actually liked hanging out with his family.
"He was a happy-go-lucky kid," said his mother, Jeannie Bandy. "Very personable, and big-hearted. I sound like a boastful mom, but I guess the biggest thing is that he could always make me laugh."
"We went on vacations and had a lot of fun together," Matthew said. "I just enjoyed the life I was living. But after I was accused, everything changed."
What was Matthew Bandy accused of? Jeannie and Greg Bandy were shocked to discover that their son was charged with possession of child pornography.
One December morning two years ago, Matthew's life took a dramatic turn. In an exclusive interview with "20/20," the Bandy family reveals how the world as they knew it came crumbling down, and how Matthew's life has since changed.
It has been two years since police officers stood at the doorstep of the Bandy home with a search warrant bearing a devastating charge -- possession of child pornography.
"It was 6 a.m. It was still dark…there was this pounding at the door," Jeannie Bandy said. "I was petrified."
Police officers stormed into the house with guns pointed. "The first thing I thought was, someone's trying to break in our house," Matthew said. "And then there [were] police officers with guns pointed at me, telling me to get downstairs."
Greg Bandy was handed the search warrant and informed that the central suspect was Matthew. According to the warrant, nine images of young girls in suggestive poses were found on the Bandy family computer. Yahoo monitors chat rooms for suspicious content and reported that child porn was uploaded from the computer at the Bandys' home address.
"When they asked me have you ever looked up or uploaded or downloaded erotic images of minors, I was just taken aback and…I said, 'No,'" says Matthew.
Nevertheless, Matthew did have an embarrassing confession. He had been sneaking peaks at adult erotic photos on the family computer. "I got the Web site from a bunch of friends at school. [It was] just adult pornography…Playboy-like images."
Difficult to admit, but not illegal -- or so it seemed. Still, it didn't look good for Matt, as police confiscated the computer and left the house that December day. A family was shattered.
"I still remember when they were cleaning up and leaving and of course I was still in my pajamas and my bathrobe and my fuzzy slippers," Jeannie Bandy said. "I said, 'What do we do now? Should I contact a lawyer?' [The police officer] said, 'Well, they are felonies that the state takes very serious.'"
The Bandys would soon find out just how serious the charges against Matthew were. The family hired Ed Novak, a well-respected attorney from a large law firm in downtown Phoenix.
"20/20" correspondent Jim Avila asked Novak what the family was up against.
"We faced 10 years per count, there were nine counts," said Novak. "If Matt was convicted, those sentences would have to be served consecutively. In other words, he would have been sentenced to 90 years in prison. He would have served time until he died."
Greg and Jeannie Bandy knew their son well. They were shocked at the serious charges against him and frightened by the prospect of such a serious sentence.
"He's never done any drugs," Greg said. "He never drank a drop of alcohol. He's never been a problem, never stayed out late and gotten into trouble or anything like that."
Arizona child pornography laws are among the harshest in the country. As soon as Matthew was charged, he was put on virtual house arrest, and an electronic bracelet was attached to his ankle to monitor his movements 24 hours a day.
"It was just terrifying. I didn't know what was going on. I didn't know why it was happening," Matthew recalled.
Matthew was in an awful predicament, and he tried to keep his house arrest a secret. He wore longer pants to hide the ankle bracelet, but he was scared he would be discovered.
"Yes, I was very scared," he said. "If they found out that I was wearing an ankle bracelet all of a sudden they would be wondering, why are you wearing that? And I had no good answer for them."
The shy young boy could not explain how such pictures appeared on his computer hard drive. The stress of the situation got so bad for Matthew that he told his parents the charges hanging over his head made high school impossible.
"He said 'Mom, I'm hurting,'" said Jeannie. "'I can't sleep. I don't want to disappoint anybody, but I just can't go on anymore.'"
Matt's dreams had been destroyed and his mother was crushed. And even though there was no proof that Matthew personally downloaded those nine pictures, it would be difficult to prove his innocence. Novak said that the pictures alone were practically all the evidence the police needed.
"I thought his chances of winning were probably 20 percent," said Novak.
"They didn't care that I denied it," Matthew said. "They just kept on asking me and kept on thinking that I did it. They just had it built into their mind that this kid is guilty."
What is so frightening about Matt's case? It could happen to anyone.
"The computer had accessed a 'Yahoo' account where there was child pornography," Andrew Thomas, Maricopa County district attorney said. "That was the basis for the search warrants issued by a court."
Yet, the evidence submitted by the Phoenix police department did not identify a specific user. Matt's clean reputation, his good grades and protective family could not stand up to the cold fact that child porn was on that computer. The police and the district attorney had the incriminating photos from the Bandys' computer and the prosecutors were determined to send Matt away.
Matthew Bandy found himself outmatched in the national campaign against child pornography -- harsh laws designed to keep track of pedophiles and punish them severely.
"They didn't care that I denied it, they just kept on asking me and kept on thinking that I did it," he said. "They just had it built in their mind that this kid is guilty, and we're going to make sure that he's convicted. No matter what the means are."
The Bandy family contends that Thomas was on a mission and that his desire to convict was so strong that he ignored important evidence -- like the fact that Matthew passed a lie detector test. The fact that the test indicated that Matt was telling the truth wasn't taken into account.
And that's when the Bandy family really began to fight back. They hired two polygraph examiners who confirmed Matthew was telling the truth. Then they ordered two psychiatric evaluations which concluded that Matthew had no perverted tendencies.
ABC's Jim Avila asked Thomas about the results of the lie detectors tests and Matt's psychiatric evaluations.
"Quite frankly, criminal defendants are not famous for being forthcoming with the facts," Thomas explained. "I'm not a big believer in polygraph tests. And certainly, they're not admissible in court. At the end of the day, we certainly felt there was a good faith reason to go forward with the prosecution." (Click here to read excerpts of Jim Avila's interview with Thomas.)
Despite the positive polygraphs and psychiatric exams, the district attorney pressed on. So the Bandys and their attorney tackled the most difficult question on the table. If Matthew didn't put the pictures on the computer, how did they get there?
For that answer, they turned to computer forensic expert Tammi Loehrs.
"If you have an Internet connection, high speed, through, let's say, your cable company, or through the phone company, that computer is always on, and basically you have an open doorway to the outside," Loehrs said. "So the home user has no idea who's coming into their computer."
Loehrs went into the Bandys' computer and what she found could frighten any parent -- more than 200 infected files, so-called backdoors that allowed hackers to access the family computer from remote locations, no where near Matthew's house.
"They could be on your computer and you'd never know it," she said.
Loehrs says she does not believe that Matthew uploaded those images onto his computer "based on everything I know and everything I've seen on that hard drive."
But police still had those pictures, and the harsh child porn laws made going to court risky for Matthew.
"All the jury would know is that there were these images on the computer," Matthew said. "And here's me sitting in the courtroom…let's blame him because he was on the computer, obviously he did it."
Even if he was only convicted on one count, Matthew would have faced 10 years in jail, and have his "life ruined," said Novak.
"We had no faith," said Jeannie Bandy. "Our lawyers had no faith. We were told he more than likely would end up in jail."
So the Bandys took a deal from the prosecution. In exchange for dropping all counts of child pornography, Matthew pleaded guilty to the strange charge of distributing obscene materials to minors -- a "Playboy" magazine to his classmates.
"To be precise, he was charged with showing [a Playboy magazine to other 16-year-olds] before school, at lunch and after school," Greg Bandy said.
But the Bandy family nightmare was not over. While the prosecution deal offered no jail time for Matthew, he would still be labeled a sex offender. Under Arizona law and in most states around the country, sex crimes carry with them a life of branding. Matthew would be forced to register as a sex offender everywhere he lived, for the rest of his life.
"I have to stay away from children," said Matthew. "I cannot be around any area where there might be minors, including the mall, or the movies, or restaurants or even church. To go to church I have to have written consent from our priest, I have to sit in a different pew, one that doesn't have a child sitting in it."
The judge couldn't believe the prosecution was insisting on sex offender status and invited Matthew to appeal. "20/20" was there when two years of fear and misery finally ended. A message arrived from the judge, ironically on the computer, informing them that Matthew would not be labeled a sex offender. Matt and his parents had won his life back.
In the den of the Bandy home sits the family computer, now unplugged from the Internet. The Bandys learned that, for them, the Web is simply too dangerous.
"It means that computers are not safe," said Jeannie. "I don't want to have one in my house. Under even under the strictest rules and the strictest security, your computer is vulnerable."

4chan is an anonymous English-language imageboard website. Launched by Christopher "moot" Poole in October 2003, the site hosts boards dedicated to a wide variety of topics, from anime and manga to video games, music, literature, fitness, politics, and sports, among others. Registration is not available and users typically post anonymously; posting is ephemeral, as threads receiving recent replies are "bumped" to the top of their respective board and old threads are deleted as new ones are created. As of May 2021, 4chan receives more than 20 million unique monthly visitors, with more than 900,000 posts made daily.[2]
4chan was created as an unofficial English-language counterpart to the Japanese imageboard Futaba Channel, also known as 2chan, and its first boards were created for posting images and discussion related to anime. The site has been described as a hub of Internet subculture, with its community being influential in the formation of prominent Internet memes, such as lolcats, Rickrolling and rage comics, as well as hacktivist and political movements, such as Anonymous and the alt-right. 4chan has often been the subject of media attention as a source of controversies, including the coordination of pranks and harassment against websites and Internet users, and the posting of illegal and offensive content. The Guardian summarized the 4chan community of 2008 as "lunatic, juvenile (...) brilliant, ridiculous and alarming".[3]
The majority of posting on 4chan takes place on imageboards, where users have the ability to share images and create threaded discussions.[4][5] The site's homepage lists 70 imageboards and one Flash animation board, divided into seven categories: Japanese Culture, Video Games, Interests, Creative, Other, Misc. (NSFW), and Adult (NSFW). Each board has its own set of rules and is dedicated to a specific topic, variously including anime and manga, video games, music, literature, fitness, politics, and sports, among others. As of 2019, the /pol/ (Politically Incorrect), /v/ (Video Games), /vg/ (Video Games Generals), and /b/ (Random) boards receive the most daily posts.
4chan is the Internet's most trafficked imageboard, according to the Los Angeles Times.[6] 4chan's Alexa rank is 1042 as of June 2020[7] though it has been as high as 56.[8] It is provided to its users free of charge and consumes a large amount of bandwidth; as a result, its financing has often been problematic. Poole has acknowledged that donations alone could not keep the site online, and turned to advertising to help make ends meet.[9] However, the explicit content hosted on 4chan has deterred businesses who do not want to be associated with the site's content.[10] In January 2009, Poole signed a new deal with an advertising company; in February 2009, he was $20,000 in debt, and the site was continuing to lose money.[11] The 4chan servers were moved from Texas to California in August 2008, which upgraded the maximum bandwidth throughput of 4chan from 100Mbit/s to 1Gbit/s.[12]
Unlike most web forums, 4chan does not have a registration system, allowing users to post anonymously.[13][14] Any nickname may be used when posting, even one that has been previously adopted, such as "Anonymous" or "moot".[15] In place of registration, 4chan has provided tripcodes as an optional form of authenticating a poster's identity.[16] As making a post without filling in the "Name" field causes posts to be attributed to "Anonymous", general understanding on 4chan holds that Anonymous is not a single person but a collective (hive) of users.[17] Moderators generally post without a name even when performing sysop actions. A "capcode" may be used to attribute the post to "Anonymous ## Mod", although moderators often post without the capcode.[18] In a 2011 interview on Nico Nico Douga, Poole explained that there are approximately 20 volunteer moderators active on 4chan.[note 1] 4chan also has a junior moderation team, called "janitors", who may delete posts or images and suggest that the normal moderation team ban a user, but who cannot post with a capcode. Revealing oneself as a janitor is grounds for immediate dismissal.[19]
4chan has been the target of occasional denial of service attacks. For instance, on December 28, 2010, 4chan and other websites went down due to such an attack, following which Poole said on his blog, "We now join the ranks of MasterCard, Visa, PayPal, et al.—an exclusive club!"[20]
The site was launched as 4chan.net on October 1, 2003 by Christopher Poole, a then-15-year-old student from New York City using the online handle "moot".[21] Poole had been a regular participant on Something Awful's subforum "Anime Death Tentacle Rape Whorehouse" (ADTRW), where many users were familiar with the Japanese imageboard format and Futaba Channel ("2chan.net").[13] When creating 4chan, Poole obtained Futaba Channel's open source code and translated the Japanese text into English using AltaVista's Babel Fish online translator.[note 1][22] After the site's creation, Poole invited users from the ADTRW subforum, many of whom were dissatisfied with the site's moderation, to visit 4chan, which he advertised as an English-language counterpart to Futaba Channel and a place for Western fans to discuss anime and manga.[5][23][24] At its founding, the site only hosted one board: /b/ (Anime/Random).[note 1]
Before the end of 2003, several new anime-related boards were added, including /h/ (Hentai), /c/ (Anime/Cute), /d/ (Hentai/Alternative), /w/ (Wallpapers/Anime), /y/ (Yaoi), and /a/ (Anime). Additionally, a lolicon board was created at /l/ (Lolikon),[26] but was disabled following the posting of genuine child pornography and ultimately deleted in October 2004, after threats of legal action.[27][28] In February 2004, GoDaddy suspended the 4chan.net domain, prompting Poole to move the site to its current domain at 4chan.org. On March 1, 2004, Poole announced that he lacked the funds to pay the month's server bill, but was able to continue operations after receiving a swarm of donations from users.[29] In June 2004, 4chan experienced six weeks of downtime after PayPal suspended 4chan's donations service after receiving complaints about the site's content.[30] Following 4chan's return, several non-anime related boards were introduced, including /k/ (Weapons), /o/ (Auto), and /v/ (Video Games).[31] In 2008, nine new boards were created, including the sports board at /sp/, the fashion board at /fa/ and the "Japan/General" (the name later changed to "Otaku Culture") board at /jp/.[32]
In January 2011, Poole announced the deletion of the /r9k/ ("ROBOT9000") and /new/ (News) boards, saying that /new/ had become devoted to racist discussions, and /r9k/ no longer served its original purpose of being a test implementation of xkcd's ROBOT9000 script.[33] During the same year, the /soc/ board was created in an effort to reduce the number of socialization threads on /b/. /r9k/ was restored on October 23, 2011, along with /hc/ ("Hardcore", previously deleted), /pol/ (a rebranding of /new/) and the new /diy/ board, in addition to an apology by Poole where he recalls how he criticized the deletion of Encyclopedia Dramatica and realized that he had done the same.[34]
In 2010, 4chan had implemented reCAPTCHA in an effort to thwart spam arising from JavaScript worms. By November 2011, 4chan made the transition to utilizing Cloudflare following a series of DDoS attacks. The 4chan imageboards were rewritten in valid HTML5/CSS3 in May 2012 in an effort to improve client-side performance.[12] On September 28, 2012, 4chan introduced a "4chan pass"[35] that, when purchased, "allows users to bypass typing a reCAPTCHA verification when posting and reporting posts on the 4chan image boards"; the money raised from the passes will go towards supporting the site.[36]
On January 21, 2015, Poole stepped down as the site's administrator, citing stress from controversies such as Gamergate as the reason for his departure.[37][38][39] On September 21, 2015, Poole announced that Hiroyuki Nishimura had purchased from him the ownership rights to 4chan, without disclosing the terms of the acquisition.[24][40][41] Nishimura was the former administr
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