Hamilton man found guilty of making child porn of young girl advertised on Craigslist

A 38-year-old Hamilton man has been found guilty of making child pornography linked to a case where a seven-year-old girl was advertised for abuse on Craigslist. 

The man had previously pleaded guilty to sexual interference back in June at a judge-alone trial, but pleaded not guilty to making child porn.

The man, who cannot be named because of a publication ban put in place to protect the victim, argued that he didn't know he was being videotaped while the sexual assault took place.

Justice Joe Fiorucci rejected that argument in court Tuesday.

"At times in his trial evidence, [the man] attempted to attribute his lack of knowledge to the consumption of alcohol and drugs," Fiorucci said. "I reject his evidence in this regard. The only evidence of the effects of alcohol and drugs on [the man] comes from [the man] himself, a witness that I have found to be unreliable."

The man is the last of five adults who have been tried in the case.

Court has heard the young girl was offered up for abuse online by her mother's then-boyfriend.

Along with abusing the girl, the boyfriend also took thousands of illicit photos and videos of her over an 18-month period, court has heard. That man is currently serving 13 years in prison.

Police investigation

During a police investigation into the abuse, officers seized a laptop from the boyfriend, which led to the discovery of the video showing the 38-year-old sexually abusing the girl, court heard.

The man was arrested in May of 2016. According to an agreed statement of facts, he originally denied any part in the sexual assault, but when a detective confronted him with the video showing a "very distinctive" tattoo, he admitted that he was the man on the screen.

According to court documents, the man further said that prior to the sexual assault, he and the boyfriend watched numerous videos of the boyfriend sexually abusing the girl, as well as a video that the boyfriend secretly shot of his 16-year-old step-daughter while she was naked in the bathroom.

The agreed statement of facts states that after the pair watched the homemade child porn, the mother's then-boyfriend brought the 7-year-old girl into the room so she could be sexually assaulted.

'Just wanted to try it'

Court documents say the man disclosed to the detective that he got "really bombed and just wanted to try it."

According to the agreed statement of facts, the man testified that before the sexual assault, he and the boyfriend consumed "a significant quantity" of alcohol and cocaine. He described himself as being "hammered."

Court documents also state that while the abuse was taking place, the boyfriend was holding a cellphone, videotaping the incident.

The judge said Tuesday that when viewing the video shot from that day, he saw the man move his body "in a manner which suggests that he was aware of the videotaping." 

Lack of credibility and reliability

During the man's testimony, he denied knowing where the boyfriend was during the sexual assault and denied knowing what he was doing. He also told his lawyer that he couldn't remember whether or not the room was dark, according to the agreed statement of facts.

During cross-examination, the man continued to deny that he knew his friend was filming him. He did say that his eyes were open, but said he was "just looking away."

Hamilton police officer Sgt. John Tselepakis previously testified that the only source of light in the room at the time came from the LED light from the cellphone.

Fiorucci said he took a variety of facts into consideration when making his decision.

They included the man's knowledge that his friend had previously created child porn, that he took video of his 16-year-old step-daughter naked, the presence of his friend in the room while he was abusing the girl, and that the other man was holding a cellphone camera with a bright LED light.

The man is expected to be sentenced in October.