Convicted sex offender appeals order requiring electronics be destroyed
A 38-year-old Minot man serving a prison sentence for child porn possession has appealed to the North Dakota Supreme Court a judicial order that his electronic devices be destroyed.
The appeal by James Richard Kremer was heard by the Supreme Court on Wednesday.
Kremer, who is serving 10 years in prison, asks that an Xbox and PlayStation2 be returned to his mother and that illegal files be removed from a laptop and external hard drive and that those items then be returned to his mother. Alternately, he asked for a stay on the order for the laptop and external hard drive to be destroyed. Kremer writes in his argument that the old Xbox and PlayStation 2 were not used in his crimes and are not forfeitable property. He said the laptop contains information he needs to prove his innocence in an appeal, as well as old tax records, college e-books and personal documents and photos.
Kremer worked for 20 years as a computer repair and operation technician.
He argues that Judge Doug Mattson’s lack of knowledge regarding technology prevented the judge from making a fair decision. Kremer also objects to conditions of supervised release that would prevent him from accessing the internet for the first year he is on parole. He argues that this violates his First Amendment rights.
In her reply, Ward County Assistant State’s Attorney Caitlyn Pierson argues that the judge’s order to destroy the electronics and to restrict Kremer from using the internet while on parole is appropriate and should be upheld.
– Andrea Johnson