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Jail term upheld for midstate man found unconscious with child porn

Written by The Associated Press | Sep 14, 2018 3:26 PM
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(Carlisle) -- A man who was found unconscious in his home as child pornography scrolled across his computer screen can't have his conviction thrown out.

A Pennsylvania Superior Court panel ruled that evidence supports 49-year-old Daniel Smyser's conviction and one- to two-year county prison term.

PennLive.com reports crews rushed to Smyser's Carlisle home in August 2015 in response to a 911 call from someone making choking sounds.

They found Smyser unconscious on the floor in his underwear. His computer was connected to a child porn chat room full of images.

When he awoke at a hospital, he claimed enemies planted the images on his computer.

At his nonjury trial in June 2017, his daughter and sister testified Smyser lacked the know-how to download them.

A county judge disagreed and convicted him of child porn possession.

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