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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."
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A BBC investigation into the increasingly popular live video chat website Omegle has found what appear to be prepubescent boys explicitly touching themselves in front of strangers.
Omegle links up random people for virtual video and text chats, and claims to be moderated – but has a reputation for unpredictable and shocking content.
Global child protection groups are increasingly concerned about predators using the site to gather self-generated child sexual abuse material.
The founder of the website, Leif K Brooks, told the BBC his site had increased moderation efforts in recent months.
According to new research collected by data analyst Semrush, Omegle grew globally from about 34 million visits a month in January 2020 to 65 million in January 2021.
Interest has spiked particularly in the US, UK, India and Mexico.
In the UK alone, traffic increased by 61%, with 3.7 million visits in December from predominantly people under the age of 34 – many of them teenagers.
Omegle has been the subject of recent viral videos from popular social media influencers including KSI, Charli D’Amelio, James Charles and Emma Chamberlain.
On TikTok alone, videos tagged with “Omegle” have been viewed more than 9.4 billion times.
TikTok told the BBC that, as a result of our investigation, it had now banned sharing links to Omegle. The company says its safety teams have not found any harmful Omegle content on its platform but would continue to monitor the videos.
“It’s a trend now on TikTok that everyone’s doing Omegle, so me and my friends thought we’d go back to it,” says 15-year-old Keira from the US on video chat on the site.
“Men being gross is something me and my friends see a lot. It should be better monitored. It’s like the dark web but for everyone.”
In the last six months, many schools, police forces and government agencies have issued warnings about the site in the UK, US, Norway, France, Canada and Australia.
During the approximately 10 hours that we monitored Omegle, we were paired with dozens of under-18s, and some appeared to be as young as seven or eight.
Omegle’s disclaimer states that users should be 18 or over, but there is no age verification process in place.
During just one two-hour period, we were connected at random with 12 masturbating men, eight naked males and seven porn adverts.
There is also the option to find matches based on interests, for example “football” or “movies”.
When we inputted one generic keyword relating to adult material, we were paired even more frequently with people engaging in explicit activity.
We were also paired at random twice with what appeared to be young prepubescent boys masturbating live on the video chat.
One of them identified himself as being 14 years old.
These instances were not recorded, and we ended both chats swiftly before reporting them to the authorities.
A spokeswoman from the National Center for Missing and Exploited Children in the US said: “The speed in which you found possible child sexual abuse material should underscore the necessity of age verification on social media platforms.”
Mr Brooks, the website’s owner, says he has now blocked the use of the keyword, but the BBC has not been able to verify this.
The Internet Watch Foundation (IWF), which is responsible for finding and removing images and videos of child sexual abuse online, said the results of our investigation were troubling but followed a recent trend.
“We have found self-generated abuse material elsewhere on the internet which has been created by predators who have captured and distributed footage from Omegle,” said Chris Hughes, hotline director at the foundation.
“Some of the videos we’ve seen show individuals self-penetrating on webcam, and this type of activity is going on in a household setting often where we know parents are present. There are conversations that you can hear, even children being asked to come down for tea.”
In 2020, the IWF said analysts actioned 68,000 reports which were tagged as including “self-generated” child sexual abuse content – a 77% increase on the previous year.
One parent in the UK who we spoke to said her eight-year-old daughter was nearly coerced into sexual activity with an older man on the website.
She told the BBC: “My daughter had seen some videos go viral on TikTok about people being on this Omegle, so she explored this site and there’s no log-in or age restrictions or anything.
“These people were saying she was beautiful, hot, sexy. She told them she was only eight years old and they were OK with that. She witnessed a man masturbating and another man wanted to play truth or dare with her.
“He was asking her to shake her bum, take off her top and trousers, which she thankfully did not do.”
Julian Knight MP, chairman of the House of Commons Digital, Culture, Media and Sport Select Committee, said the problems on Omegle highlighted a need for more legislation in the UK.
“I’m absolutely appalled. This sort of site has to take its responsibilities seriously. What we need to do is have a series of fines and even potentially business interruption if necessary, which would involve the blocking of websites which offer no protection at all to children.”
Over a period of three months, the BBC tried to reach both Omegle and founder Leif K Brooks several times for comment.
There is no way to contact Omegle through its website or elsewhere online.
Mr Brooks has not spoken publicly about Omegle for several years.
After six emails to a separate company he co-founded – Octane AI – he finally responded.
He said his site was moderated and that his team did block users who “appear to be under 13”.
He also said in an email that he had expanded monitoring efforts in 2020.
“While perfection may not be possible, Omegle’s moderation makes the site significantly cleaner, and has also generated reports that have led to the arrest and prosecution of numerous predators,” he said.
He also claimed that the site’s porn adverts were age-restricted but would not give details about how that was possible without age verification.
He described these explicit pornographic ads as “discreet” and said showing them was a “classic ‘life gives you lemons’ situation”.
“Omegle isn’t intended for prurient interests, and when adults visit Omegle with that intent, it makes sense to direct them somewhere more suitable,” he said.
Mr Brooks did not respond to any further questions.
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