At Penticton’s courthouse, a B.C. Supreme Court justice has found a Penticton area man guilty on all charges over a child pornography sting involving local RCMP and the Saskatoon Police Service.                                (Dustin Godfrey/Western News)

At Penticton’s courthouse, a B.C. Supreme Court justice has found a Penticton area man guilty on all charges over a child pornography sting involving local RCMP and the Saskatoon Police Service. (Dustin Godfrey/Western News)

Penticton man found guilty of child porn charges

A Supreme Court justice said Jesse Prince’s ‘preposterous’ testimony ‘flies in the face of common sense’

A judge has found Jesse Prince to be guilty of possessing and distributing child pornography, declaring his testimony “preposterous.”

Justice Kathleen Ker found Prince guilty of the charges about a month after his trial, in which Prince attempted to claim he had not been the owner of the computer and hard drive that had been seized in a police search of his father’s place, where he was living.

“Mr. Prince’s evidence flies in the face of common sense. The import of his evidence is that the computer was a family, public computer available to all, although found in his bedroom at the time of his arrest,” Ker said.

“He would also have the court believe that other users, including his father and nephew, would download programs onto the computer, engage in chats and communications about child pornography and exchange such materials in the open living room area of the residence.”

Ker further called it “preposterous to suggest the materials were downloaded in such a public way and left readily available on the computer desktop for all to use and see.”

The investigation into Prince was undertaken by the Saskatoon Police Service initially, with an undercover officer engaging Prince in discussions in an online forum, where he suggested he could provide the officer with child pornography.

Ultimately Prince sent about 15 files, which the officer determined to be child pornography, and used Prince’s internet protocol address to geolocate him on Green Mountain Road on Penticton Indian Band land.

A search warrant was executed on the property — Prince’s father’s house, where he was staying at the time — and 17 items were seized by police.

Of those 17 items, two were found to have more than 300 files of child pornography combined. That included a desktop computer and an external hard drive, both of which were in Prince’s bedroom.

The defence initially agreed that Prince owned the computer and hard drive in question in an official admission, but later attempted to rescind that admission — a difficult process in the Canadian legal system.

The defence withdrew its application to formally remove that admission from the record, but Prince still asserted in his testimony that the computer and hard drive weren’t his, but rather common use devices that were kept in the living room of the house.

But testimony from a computer forensics expert contradicted Prince’s testimony, with the expert noting that there was only evidence of one person using the computer and hard drive on a regular basis.

On top of the child pornography, numerous files related to Prince — including his resume, pictures of him and a video related to his former rap group Street Kings — were found on the computer. Some of those files were found to have been moved, removed, created or altered within minutes of child pornography files being moved, removed, created or altered on those devices.

One other person was found to have personal files on the hard drive, but that person’s use appeared to have been limited to just one day.

Ker also took aim at Prince’s claim that he had to obtain permission from his father to use the hard drive — files related to Prince were found to have been added to the device prior to his moving from his mother’s place to his father’s place.

“In the totality of the circumstances, when the evidence is considered as a whole, there are no other reasonable possibilities or inferences than that Mr. Prince downloaded and possessed the child pornography found on his desktop computer,” Ker said.

Prince will be sentenced at another date.


@dustinrgodfrey

dustin.godfrey@pentictonwesternnews.com

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

A nurse performs a test on a patient at a drive-in COVID-19 clinic in Montreal, on Wednesday, October 21, 2020. (THE CANADIAN PRESS/Paul Chiasson)
30 new COVID-19 cases, five more deaths in Interior Health

This brings the total number of cases to 7,271 since testing began

West Kelowna City Hall on Cameron Road. (File photo)
Rose Valley water treatment facility to cost less than planned

The contract of $45.1 million was awarded to developer Maple Reinders Constructors Ltd .

Crash on Enterprise Way, Feb 23. (Jen Zielinski, Black Press Media)
Tuesday evening’s commute stalled by 3 vehicle collision

The incident backed up traffic on Enterprise Way at Dilworth Drive

A $3,000 donation from the Gary Bennett Family Fund will go towards baby products for families in need. (Central Okanagan Food Bank)
Okanagan charity donates $3,000 to support young families

The Gary Bennett Family Fund donated to Central Okanagan Food Bank

Project rendering of Hadgraft Wilson Place (CNW Group/Canada Mortgage and Housing Corporation)
68-unit affordable housing complex coming downtown Kelowna

The six-storey complex located on Fuller Ave is set to be completed by fall 2022

Dr. Bonnie Henry talk about the next steps in B.C.'s COVID-19 Immunization Plan during a press conference at Legislature in Victoria, B.C., on Friday, January 22, 2021. THE CANADIAN PRESS/Chad Hipolito
456 new COVID-19 cases in B.C., 2 deaths

Since January 2020, 78,278 have tested positive for the novel coronavirus in B.C.

A health-care worker prepares a dose of the Pfizer-BioNTech COVID-19 vaccine at a UHN COVID-19 vaccine clinic in Toronto on Thursday, January 7, 2021. (THE CANADIAN PRESS/Nathan Denette)
Vaccinating essential workers before seniors in B.C. could save lives: experts

A new study says the switch could also save up to $230 million in provincial health-care costs

The late Michael Gregory, 57, is accused of sexually exploiting six junior high students between 1999 and 2005. (Pixabay)
Former Alberta teacher accused of sexually assaulting students found dead in B.C.

Mounties say Michael Gregory’s death has been deemed ‘non-suspicious’

According to a new poll, a majority of Canadians want to see illicit drugs decriminalized. (THE ASSOCIATED PRESS)
Majority of Canadians think it’s high time to decriminalize illicit drugs: poll

More than two-times the B.C. residents know someone who died from an overdose compared to rest of Canada

Ranchero Deep Creek firefighters respond to a blaze involving two adjacent structures at a property off of Deep Creek Road on Sunday, Feb. 21. The buildings were believed to have been used as part of a cannabis growing operation, and RCMP are investigating. (Sean Coubrough/CSRD photo)
Ranchero Deep Creek firefighters respond to a blaze involving two adjacent structures at a property off of Deep Creek Road on Sunday, Feb. 21. The buildings were believed to have been used as part of a cannabis growing operation, and RCMP are investigating. (Sean Coubrough/CSRD photo)
Shuswap firefighters responding to structure blaze find cannabis grow operation

RCMP investigating, attempting to track down owner of property

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Interior Health officially declared a COVID-19 outbreak at Creekside Landing in Vernon on Jan. 3, which was followed by the first death from the virus 10 days later. (Kaigo photo)
COVID outbreak over at Vernon care home

Creekside Landing cleared of coronavirus, despite additional death in last day

(Stock photo)
EDITORIAL: The freedom to read

Books have been challenged many times in the past

Most Read