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[Music] my name is Stephen G Cobb attorney at law and you're watching Florida criminal law TV as we go through a series of different types of sex offense cases now we're going to talk about a type of case which on a surface doesn't sound like a sex offense case but it usually is that is felonious use of a communication device an electronic communication device well on the surface of it that doesn't sound like a sex crime let me explain how it is someone takes words colloquially known as a dick pic and sends it to another person in my world usually a law enforcement officer that they're chatting up online these often come packaged with those traveling with traveling to meet a minor from lawful purposes cases under 847 Oh 135 usually for a as we discussed earlier well the communication device issue is one of those creative things that the legislature came up with and it's also one of those charges where you often find if you're looking for it and you're careful a double jeopardy issue by the different charges that are laid out because it's not uncommon to have traveling to meet a minor with felonious use of an communication device an electronic communication device and child pornography I mean you usually find those in the same set of charges not always but quite often and with felonious use of a communication device you can see how the legislature went out of their way to manufacture a crime in other words the crime is already going on but we're gonna make this an extra part of it in order to increase punishment this is really critical to understand if you've been following what happened with the Cosby trial and the me to movement you have to understand that culturally while sex offense cases of all types have been difficult to defend now we have this increased plethora of different types of charges like felonious use of an electronic communication device and furtherance of a felony a manufacture charge that on the surface has nothing to do with a sex offense case the reality is simply this when it comes to all these types of charges in a post cosby retrial world where he was convicted we can see the impact of the me to movement number one you haven't been able to get a fair trial in a sex offense case for a long time number two it's worse now than before the whole me to movement and number three this makes courtroom psychology more important than ever before now at this point you may be thinking cobb i thought you were talking about defenses yes I am for example what am I wearing I'm wearing a suit Graci Graci suit white shirt dark tie solid color now in the courtroom I normally wear navy or charcoal gray is assumed long-sleeve white shirt and quite often a red white and blue time why would I do that what does it have to do with the defense as a criminal defendant you should wear and you should do certain things and you should not wear and not do other things for example you probably don't know this but you get the highest acquittal rate when you have for example a male defendant in a navy suit same white shirt like this one conservative tie like this one and no facial hair whatsoever and not a skinhead look but short hair okay shorter than - fine longer long hair probably not why because jury selection through run mock trials over and over again has taught us that if you take that white male defendant you put him in any other color but Navy is a suit if you allow that white male defendant the testing shows have any kind of facial hair you know oh I have a real neatly trimmed beard I've heard this oh my mustache is real neat doesn't matter don't wear it I don't care if you've had it for 40 years why because the conviction rate goes up 28% and testing when they do things like that with different actors with the same set of facts they make these cases so factually specific and so 50/50 you would never find a case that close in real life and so with these different types of sex offense cases including use of a communication device you want to make sure that your dress is not hurting you and dressed correctly it makes an unconscious impact on the prosecutor the judge and the jury haven't you ever met somebody and you thought to yourself I really like this person but you can't put your finger on it or have you met somebody go I really don't like that person and you can't really put your finger on it it's probably something they said a behavior mannerism or their clothing that threw you off and you don't even know that your mind has been coded that way now more specifically to use of a two-way communication device there are a number of different technical defenses that can be mounted where you usually have to hire an expert it could be someone else use the two-way communication device that's actually an issue in a case I have right now multiple people had access to communication devices that were seized by law enforcement and not to have a problem they believe that these communication device were used to commit a specific type of sex offense but they cannot identify who was using the device since it was shared by multiple people now wants to imagine that we're having a hearing on say an issue related to that under Rule 3.1 9 o C 4 C 1 through 3 don't really matter there are things that never happen and I've never seen a motion to dismiss granite because a state violated a double jeopardy issue or that the state violated an immunity agreement and have certainly never seen the governor pardons someone before trial so those three things don't matter but let's say we have a C for emotion where there's no factual dispute being dressed correctly while sitting mute at the defense table not saying a word will make a difference because if you have facial hair if you have the wrong color on whatever you do whatever you do do not wear black male or female do not wear black that is the jail in prison color just saying the numbers are even higher than the 28% by being dressed correctly while technical defenses are being mounted were factual defenses such as somebody else was using the device not me that's a factual defense technical devices this couldn't have happened that way because technically this particular device has an automatic downloader automatic downloader that surfs than that it looks like it was a form of malware it went to porn sites and downloaded improper images then it accessed the contacts and started sending them I mean those are technical things you have to have an expert go this is where it's located in memory this is what it means they have to break down complex computer technology and explain it to either the judge of the jury depending on the type of defense while you're sitting there in the courtroom and while your family and friends are there they need to be properly attired for court as well it's critically important that while these technical defenses to a charge like that because that's technical defense charge if ever there was one it's critically important that you're dressed correctly because that is a key component of your defense not only this charge but all types of sexual offenses [Music] [Music]