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Judge convicts man of having child porn

Brandon court house

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Brandon court house (FILE)

In the end, it was a failed attempt to delete the evidence that led to the conviction of a man found guilty of having child porn.

Realizing his secret was discovered, he rushed to the computer and made a failed effort to get rid of the images.

"I can think of only one explanation as to why the accused would go to (the house) … and try to delete the two files on the computer which contained child pornography," Justice John Menzies said.

"This evidence convinces me beyond a reasonable doubt that the accused, Timothy Kille, knew what these files contained and that that was child pornography."

Menzies convicted 28-year-old Timothy Leslie William Kille in Brandon Court of Queen’s Bench on Monday.

At the hearing, Menzies granted a publication ban requested by Crown attorney Alanna Littman.

The judge was required to make the order that forbids the printing of any information that could identify the Crown’s key adult witness at trial.

It prevents the Brandon Sun from printing certain aspects of the evidence.

Kille’s trial began in June, continued in November and finished with Menzies’ verdict on Monday.

Court heard that on Nov. 25, 2009, police were informed that material believed to be child porn had been found on a computer in a Brandon home the day before.

Police seized a desktop computer from the home of Kille’s parents which he was house-sitting at the time.

In summarizing the images found by police on the machine, Menzies noted the pictures and video clips depicted naked or partially naked females under 18 years old.

In total, the evidence shows police found 140 child porn images on the machine, which consisted of girls aged eight to 15 years posing nude with their privates exposed.

In some images, the children were mimicking sex acts using props.

It appeared the videos and pictures had been downloaded from the Internet using a peer-to-peer file-sharing program.

The Crown’s witness had testified to watching Kille deleting, and trying to delete, computer files that contained the images after he realized what had been found.

The witness had unwittingly tipped Kille off to the police investigation, and Kille made the deletion attempt before the computer could be seized.

Menzies said the witness’ account was supported by a police officer’s analysis of the machine.

That analysis showed one file was deleted around the time Kille was said to make the deletion attempt. That file was later recovered.

The witness testified that Kille had made an unsuccessful attempt to delete another particular file and the police officers analysis showed that the file had been clicked on at the time in question but not deleted.

Menzies concluded that Kille knew the contents of the files were illegal.

His efforts to delete the files showed he had knowledge of the child porn stored on the computer, consented to it being there and had control over it.

The case has been put to Feb. 10 to set a sentencing date.

Meanwhile, Kille is out on bail.

» ihitchen@brandonsun.com

Republished from the Brandon Sun print edition January 14, 2014

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In the end, it was a failed attempt to delete the evidence that led to the conviction of a man found guilty of having child porn.

Realizing his secret was discovered, he rushed to the computer and made a failed effort to get rid of the images.

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In the end, it was a failed attempt to delete the evidence that led to the conviction of a man found guilty of having child porn.

Realizing his secret was discovered, he rushed to the computer and made a failed effort to get rid of the images.

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