War-dead Web site leads to Polk obscenity
arrest
Orlando Sentinel
Anthony Colarossi | Sentinel Staff Writer
October 8, 2005
Polk County officials arrested a Lakeland man on obscenity charges Friday
after investigating his graphic Web site, which has gained international
attention for allowing U.S. soldiers to post pictures of war dead on the
Internet.
The charges against Christopher Michael Wilson, a former police officer, are
likely to reignite the debate about obscene material in the Internet age. It
also raises questions about whether the federal government played a part in
motivating the prosecution.
Polk County Sheriff Grady Judd said late Friday that the 300
obscenity-related charges against Wilson all involve sexual content on his Web
site -- and not graphic war-scene images posted by soldiers.
"It is the most horrific, vile, perverted sexual conduct," Judd said. "It is
as vile, as perverted, as non-normal sexual conduct, which rises to the level
of obscenity, as we've ever investigated."
Late last week, U.S. Army officials said they could not confirm whether
photographs on Wilson's Web site, presumably showing Iraqi and Afghan war dead,
were actually posted by U.S. soldiers.
An Islamic civil-rights group was disappointed that the Army did not pursue
criminal charges. Last week, Ibrahim Hooper, a Council on American-Islamic
Relations spokesman, said: "For this to be treated in a manner that suggests
the Army does not take this seriously is only going to further harm our
nation's image and interests around the world, particularly in the Muslim
world."
Wilson, 27, was letting soldiers access normally paid portions of his site
in exchange for graphic war-scene shots or proof that they were fighting in the
Middle East, for instance. Late Friday, Wilson's site, which the Orlando
Sentinel will not name, still had grisly images of war dead.
Judd said none of the 20 films and 80 photos that brought about the charges
involves pictures of war dead. But Judd confirmed that his detectives did speak
with officials with the U.S. Army Criminal Investigation Division before
arresting Wilson on Friday.
Wilson's Web site and his deal with soldiers have been the subject of many
recent news articles.
Judd said his obscenity charges have nothing to do with the Army's interest
in the case, and he maintained in a lengthy interview that he was not pressured
to investigate Wilson.
"We unilaterally initiated the investigation without any support, help or
encouragement from the federal government," Judd said.
But Wilson's Central Florida lawyer, Larry Walters, questioned the
motivations behind the prosecution, noting that there may be hundreds of
thousands of Web sites with explicit material.
"Why are they getting into this battle now, and why Chris Wilson?" Walters
asked. "It's the military that potentially stands to have the greatest
gripe."
Walters argued that local community standards, the guiding principle behind
implementation of obscenity laws, cannot be applied to the Web, a global
venue.
"Any obscenity charge against any Web-site content or Internet content is
unconstitutional," said Walters, who specializes in First Amendment law. "There
is no commonality based on just geography anymore. It's not the 1800s anymore,
not here. But I don't know about Polk County."
He said part of Walters' mission "is telling the truth about the war going
on in Iraq."
Wilson was in the Polk County Jail, with bail set at $151,000. Charges
include counts of distribution of obscene material, offering to distribute
obscene material and possession of obscene material with intent to
distribute.
Before Wilson's arrest, Polk County Judge Angela Cowden found probable cause
that the images and tapes were obscene, Judd said. The obscenity statute is one
of the few in which a judge must make such a determination before an arrest is
made. Investigators also obtained a search warrant and removed computers from
Wilson's home.
They will be looking for customer lists and other documents to assist the
investigation. Information that Army investigators might need in their search
will be made available, Judd said.
Though Wilson's equipment was removed, his Web site remained in operation
Friday because the servers used to run the site are overseas.
"It's never our intent to put somebody out of business," Judd said. "All we
ask is that they obey the laws of Florida. We've been investigating vice and
pornography long enough to know pretty much what crosses the line. This didn't
just cross the line. This left the line many miles behind."
Anthony Colarossi can be reached at acolarossi@orlandosentinel.com or
407-420-6218.
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