N. D. Supreme Court destroys some electronics, returns others to family

By Andrea Johnson . . . The North Dakota Supreme Court ruled [Feb. 22] that the state can destroy convicted sex offender James Kremer’s laptop and portable hard drive, but must return his X-Box and PlayStation to his family.

Kremer, 38, of Minot, is serving 10 years in prison for child porn possession.

He had appealed North Central District Court Judge Doug Mattson’s decision ordering his electronics be destroyed. He argued that the old Xbox and PlayStation 2 were not used in his crimes and are not forfeitable property. The Supreme Court agreed and noted that Kremer will be allowed to use the internet during his probation with permission from his probation officer.

Kremer wanted any illegal files removed from the laptop and hard drive and the equipment to be returned to his mother. He argued that 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. However, the Supreme Court ruled that laptop and hard drive were used in commission of the crime and must be destroyed.


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    • #36339 Reply

      never understood why they destroy the computer itself instead of just taking the hdd out and destroying that. the computer itself don’t hold or retain any data. and the ram erases the moment they lose power. another in any computer permanently holds a user’s data other then the ssd or hdd.

      so why destroy them ?

      just like i never understood why they took a tv and vcr back then. the tv and vcr was not storing anything so why take them?

      • #37040 Reply
        Mark S.

        The short answer: because they can. . . . . .

    • #36344 Reply
      Phys Ed

      Ignorance and fear are the sources of witch hunts stretching back through all recorded history. It seems those qualities are still alive today in state judiciaries. If the witch had a black cat, the animal was hung along with the condemned witch. Today, their laws in ND will let the computer itself stand in for the cat as the Devil’s familiar. The more things change, sadly, the more they remain the same.

    • #36448 Reply
      V the Observant

      Did anyone else notice this concerning fact that was ignored by the judge when s/he ordered the destruction?
      “He (the accused) argued that the laptop contains information he needs to prove his innocence in an appeal”
      Effectively this judge destroyed any possibility the a potentially innocent man can prove his innocence.

      • #36728 Reply
        obvious answers

        Good observation and most likly exactly why the judge decided to insure it was destroyed rather then held lock up as evidence as would have been done with any other crime and object.

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