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.