Military Arrests Soldier in Afghanistan for Child Porn After He Receives Picture of 4-Year Old Niece in Wading Pool

When Specialist Billy Miller an Illinois National Guardsman in Afghanistan complained about being homesick his mother, Terri Miller, sent him a picture of a little girl that he helped raise in a wading pool. One picture showed a buttocks exposed and Miller was promptly arrested for possession of child pornography.

When I first saw this story in the Post, I doubted its authenticity. While we have seem similar stories of utter stupidity in the states, I assumed that no military prosecutor would throw a soldier in the brig in Afghanistan on such a charge without a modicum of judgment or investigation. As is usually the case with such assumptions, I was wrong.

It turns that Miller helped take care of the girl when she was diagnosed with cancer when her real father was going through boot camp.

His mother is tearing herself apart over the charges: “I blame myself every day, every day, if I wouldn’t have sent the pictures he would be home.” No, Mrs. Miller, there is a lot of room for blame in this story, but none of it falls on you or your son. This story is a national disgrace.

He is now looking at ten years in jail.

For the full story, click here and here and here and here.

55 thoughts on “Military Arrests Soldier in Afghanistan for Child Porn After He Receives Picture of 4-Year Old Niece in Wading Pool

  1. From the info in the linked articles, it’s quite possible the charges do not stem from the photos of his niece, but from other photos he had on his laptop. The defendant told his parents the charges came from the photo of his neice, but that might not be true. The Army is refusing to provide any info. See quotes below:

    —–

    The U.S. Army has charged Spec. Billy Miller of Galesburg, Ill., with possession of child pornography and a related charge of failure to obey an order that troops in Afghanistan not possess pornography.

    Army spokesman Lt. Mary J. Pekas declined to discuss details of the case or evidence against Miller….

    Miller’s father, Rodney, said the Army won’t discuss the case with the family. But he said his son has told him the charges stem from a handful of photos of the girl that the soldier’s mother e-mailed to ease his homesickness.

    —-

    The pictures were on Billy’s laptop, which the Army has confiscated. …

    Rodney said the family had attempted numerous times to get information on Billy’s status and why he was being held but had been given the cold shoulder by military authorities. The family has contacted Congressman Phil Hare, D-Rock Island, but he also found it difficult to get information about Billy.

    A military spokesman in Afghanistan said charges were made against Billy on Jan. 5, stemming from an investigation that began last August. …

    The Millers believe that one of Billy’s friends in Afghanistan, whom he had fallen out with, had reported seeing inappropriate pictures on Billy’s laptop.

  2. I couldn’t say it any better that AY…WTF?

    The soldiers can’t have porn, but killing people is fine? We are screwed.

  3. I seem to remember a picture of our past president George W. Bush on a rug with his butt showing. Should the news agencies that displayed that picture be prosecuted? Would I be in trouble if my TiVO recorded it? REASON PEOPLE REASON!

  4. He wasn’t simply in pocession of porn, it’s child porn that was found on his computer. With the exception of pictures of his niece wading in her birthday suit, if child porn is indeed what was found this man should be procesuted to the fullest extent. The incidence of child pornography available continues to rise at the expense of the most innocent of victims and needds to be stopped!

  5. Should my family be arrested and charged with pictures of me on a bear skinned rug? Should the producers of Coppertone be prosecuted for the billboards showing the dog pulling at her bottom?

    I think I need more info before I accuse someone of possession of child porn. Now if done for sexual gratification and the guy get off doing it thats a different story.

    He is from IL or OH. But he is definitely not from Arkansas or Hillsboro, MI so its not acceptable.

  6. I still have bare assed pictures of both me and my brother on the ubiquitous bear skin rugs. I suppose I should destroy them or else some busybody will say I’m into child porn.

  7. I sure hope the Army has some evidence of “real” child porn. The pictures described in the story do not amount to anything but family pictures beind shared among family members. I agree with Professor Turley that this would be a national disgrace if the charges were brought due to the family pictures.
    Luckily I do not possess any pictures of myself or any other family members on a bear skin run so I guess I am safe!

  8. @Alan–not very convincing. The military is good at saying nothing with a lot of words and vice versa. If they really had strong evidence, it would have been better telegraphed. Instead, it sounds like they are covering their own bare ass.

  9. Maybe you need to read the articles again, Canadian Ed. Nothing I found in any of the four linked from this article say anything about anyone wading in their birthday suit….which would mean the child had no clothes on.

    Specifically, the articles say “the pictures show the girl in a SWIMMING SUIT and were taken during her birthday party last summer…..”

    Additionally, “The pictures show the girl in a SWIMSUIT playing in a pool and sitting on Billy Miller’s pickup truck, according to the family. A small portion of one of the girl’s buttocks is visible in one, Rodney Miller said.”

  10. “Should my family be arrested and charged with pictures of me on a bear skinned rug?”

    Yes definitely. The photo technician at WalMart is still trying to recover from that sight and it has been almost three weeks. Is it really necessary to recreate that pose every Christmas?

    Seriously, all of our parents are child pornographers and should be locked up. What’s the statute of limitations anyway?

  11. oops…I stand corrected. I initially read the post that Alan made above rather than the actual article by mistake. In reading the actual article it seems that the pics were of his niece in a bathing suit. Although, I didn’t believe sending pics of a realtive wading on the buff to be porn, I thought that the aricle was suggesting that there were child porn pics found on the computer in addition to the family pics. If, in fact, this man is being charged with pocession of Child Porn based souly on pictures of a young niece frolicking in a wading pool the charges are ridiculous!
    Apparently I need coffee prior to reading the articles on here!
    BTW AY,
    If you were brave enough to post pics of yourself sprawled on a bear skin rug that would be legal porn because you are over 18! As for the Coppertone kid, she is a cartoon character!

  12. ECookie,

    My pictures predate walmart by at least 5 decades. That was funny.

    The SOL on Child Porn I do not believe has one. Simple possession is enough. It used to be in a number of states that possession of Porn, period was a felony. I think the Sct said that if you get it home you were safe. However on the books in Texas is you cannot have more than 5 Dildos or they consider you trafficking in Porn related devices.

    You see you can run afoul of the law and not know it.

    In Texas, criminals are still required to give their victims at least 24 hours oral or written notice giving details of the crime they are about to commit.

    -In Texas, the compete Encyclopedia Britannica is banned because it contains a formula for making beer at home.

    We are not against all forms of education, just most.

    In Florida it is illegal to have sex with a porcupine. You don’t say!!!!!

    In Alberta a released convict is entitled to a gun and a horse to ride out of town on.

    Now talking about really stupid laws.

    – In Alabama, it is illegal for a driver to be blindfolded while driving a vehicle.

    I can see the need for this….

  13. Canadian Eh!,

    If you were brave enough to post pics of yourself sprawled on a bear skin rug that would be legal porn because you are over 18! As for the Coppertone kid, she is a cartoon character!

    ****************************

    I disagree based upon how the statute is written. Possession is enough.

    The fictional cartoon character, unfortunately I disagree as it would tend to give some sick assed bastard some jollys therefore it is considered child porn in my mind, or whats left of it.

  14. Here’s a good one for you AY.

    Missouri Law

    573.037. 1. A person commits the crime of possession of child pornography if such person knowingly or recklessly possesses any child pornography of a minor under the age of eighteen or obscene material portraying what appears to be a minor under the age of eighteen.

    Who gets to decide “what appears to be a minor under the age of 18″? Is it just me, or should that statute be considered unconstitutionally ambiguous, and a violation of due process? What if the image is that of a 22 year old who appears to be under the age of 18? What about the image of someone who appears to be over 18, but is really under 18?

    I think the laws need to focus more on those creating the images than those possessing them. As they say, beauty is in the eye of the beholder. The same goes with sexual arrousal. As a teen, the Sears-Roebuck and J.C. Penney catalogues were my porn.

  15. @Rich and Canadian Eh:

    The defendant told his parents the charges came from photos of his niece in a bikini. That is the sole source for that claim. But defendants lie to their parents all the time, too.

    Until we see the evidence or until either the military or the defense attorney makes a statement, I’m not prepared to give too much weight to what the defendant told his parents.

  16. Alan,

    If you have ever been in the service or been a JAG you will find out that what the Military says is what they want you to hear. First of all, you have no right to a speedy trial. That one is out the window. Second, this has been declared a Military Zone so any civilian help is nearly impossible. Third, the rules of war prevail and therefore it could be years before this is heard. Fourth, although not treason it is an offense that the NCO/Enlisted would rather be dead than face.

    If you think what they are doing to the people in custody in Cuba is child’s play compared to what they will do to him in a foreign land.

  17. Well Alan, you might be right…of course one thing I learned a long time ago in faraway Vietnam was….Army officers lie all the time from the Commanding General to the shave tails…Officers and Gentlemen my @$$.

  18. I don’t believe for a minute that the exposed buttocks of his niece are the basis for these charges. That would be ridiculous.
    It may not be due to pornography, but the good professor does seem to have a hard-on for the military (pun intended). This wouldn’t be the first time we saw a mother claim that her child would not have done that. It would be the first time we have seen our military prosecute for an image of the exposed butt cheek of a minor.

  19. Sorry AY, Henry is on his own. You won’t find me suggesting that the President pardon someone for a crime that they have not been convicted of.

    What does a police officer’s excessive use of force have to do with the military charging one of their own, and a mother’s claim of innocence?

  20. Speaking of crazy Texas, here is an oldie, but goodie featurint my *hero* Molly Ivins on the Texas dildo and sodomy laws:

  21. Here in the United States of Hypocrisy the irony is lost on the Brass at The Pentagon; Spec. Billy Miller is in Afghanistan so Afghan women won’t be forced by the Taliban into wearing humiliating and sexist burkas.

  22. why did this happen in the first place. What happened in the 80’s to have all of those people arrested on child molestation charges, the family in California comes to mind. Out of control prosecutors and law enforcement was behind it, but what caused them to go “blind”?

    Why is this even an issue with his mothers testimony? What has happened in our country to have this happen?

    It seems to me that you cannot allow government to take over functions that we as citizens should handle without giving up more freedoms than you intended to. There appears to be no middle ground with governments, they do not want control in small measures. They want total control and so they use the excuse we are saving children or poor people or the homeless or animals or the world. And they take our liberties in the name of some cause that sounds righteous but in reality is nothing more than a Trojan Horse of totalitarianism.

    Who watches to make sure governments do not morph from benign paternalism into some wild eyed beast? It seems to me the best course is to prevent benign paternalism from taking hold, to eschew the nanny state. It is better to stand on your own 2 feet and be willing to fail rather than chance a decent into despotism through good intentions.

  23. empirecookie:

    very interesting video. I think our elected officials have too much time on their hands and probably get paid too much.

  24. The sooner these fat dog americans slip into an unredeemable economy and have to suck the chinese tite for survival the better this world will be.

    America and there our shit dont stink attitude is disgusting and the country should be bombed

  25. Hmmmm…a guy is charged with possessing child porn. He has a picture of his niece on his laptop. HE CLAIMS that’s the source of his being prosecuted.
    Sorry, but that’s not enough proof for me that he didn’t actually have child porn on his computer IN ADDITION TO pictures of his niece.

  26. The military says:

    “We can confirm that the photos of his niece in a bathing suit are not the photos related to the article 134 violation for child pornography nor are they related to the article 92 violation,” Master Sgt. Thomas Clementson told ABC News.com via e-mail.

    Army investigators say they found adult pornography and other child images, which they believe qualify as pornographic.

    “Now that he has been charged, his case is being investigated. It will then go to an Article 32, which is similar to a civilian grand jury. An officer has been appointed to review the evidence and determine if there are grounds for a trial by court martial, or if the case should be tried at all,” said Clementson

    http://abcnews.go.com/US/soldier-charged-possessing-child-pornography-receving-innocent-photos/story?id=9595638

  27. The following letter is one that I wrote, that was published in the Northern Iowan, the student paper of the University of Northern Iowa, on October 14, 1988. In that letter, published over 21 years ago, I pointed out that the then-proposed law, which would criminalize “possession” of so-called “child pornography,” could be used as a trick to imprison political dissenters.

    Through that link, you can also read any one of around 90 other letters I published in the Northern Iowan, over the years, if you happen to be interested.
    One of those letters, published on Nov. 20, 1987, was about “Operation Looking-Glass,” an entrapment program carried out by the US government, to sell “child pornography.”

    I contacted some of the people who’d been entrapped, after getting their names from news stories. One of them, Kent Jacobson, was a retired Army man, of Newman Grove, Nebraska. He fought his case way up to the Supreme Court, and got the charges dismissed. There was an item about it, on either “60 Minutes” or “20-20,” around 1993.

    (It’s also possible for someone to download child pornography by remote control. That development occurred after this letter was written.)

  28. Waynsster, Gangster,

    Turley!
    Do you not have any moderator for these comments? If not, shame on you!

    ***************

    Why, cannot take the heat? Then don’t pack and stay away from the criminal element. Really now, isn’t it a condition of O;Keefe’s Bond that he not associate with or tamper with or duh, duh, ladee duh, with witnesses. etc?

  29. I just found out that the federal “child pornography” law regards cartoon characters, such as the Simpsons, as “children,” and the possession of certain pictures of them, as “child abuse.” I think that Mickey Mouse law should be repealed, forthwith.

  30. Since our government seems to be rapidly becoming fascist, perhaps it’s behind the WikiLeaks, itself. Its purpose would be to provoke legislation to outlaw the exposure of ALL secrets, even the most evil ones, such as any that may possibly be known to the 9-11 conspiracy theorists.

    This would result in the jailing of such dissenters, and the silencing of the rest of them, so they, unlike the Chinese dissenters, could never get any Nobel Peace Prize.

    Private Manning, who is supposed to be the originator of the leaks, is being held Guantanamo-like, and not allowed to speak. Could he have been the victim of an entrapment, similar to so many that are happening, these days?

    Our government tells people to say that it is “under God.” That seems like “divine right of governments,” to me. It seems to be just “divine right of kings,” brought up to date.

  31. if the army dose not replie than mayby 300 millon amercains need to die perhaps i did not see any thing worng in that picture og girl by the bed i was born naked my self we do not and did not have close 12000 years ago

  32. I think the Army charges guys with crimes and railroads them from time to time to give people the idea that they are very virtuous, anti-crime, etc. Maybe they had something on this guy and couldn’t admit what it was (because it was not a crime, it was something he did to buy himself an enemy among the powerful or somesuch) so they charged him with a crime. Happens all the time.

    FUrthermore, there is a second reason the Army might suddenly up and create a furor about child porn. TO PROTECT their REAL kiddie pornographers with both a diversionary attack and a theatrical production to show how hard they are on pedophiles and kiddie pornographers.

    Story: In the mid-1990s a mother of four (pre-teen twins, a 7-year-old and a 4-year-old) from the mid-west contacted her local social services agency because the twins told her that their father (stationed at Fort Benning, Georgia, and head of the marksmanship unit there, a Lt. Colonel with LOTS of tours in Cuba and Korea under his belt) had molested them and their little sister (4) during his visits. The social worker from the mid-west contacted the army social worker on the base, who interviewed the kids and the dad and apparently thought the case had merit, and he contated the CID officer to do the investigation. The CID officer interviewed everyone and charged the Lt. Colonel with (I believe) three counts of child sexual abuse, but the CO of the Lt. Colonel refused to prosecute, whereupon the father sued for custody and got TEMPORARY CUSTODY and kept the kids from seeing their mother, and kept them on the base. Activists were contacted by an unrelated social worker in the mid-west who had access to the papers and the activists got the papers and approached General Jones in the Pentagon — he was then head of the Army Division of Family Services. He assigned HIS colonel (LoPresti) to work on the investigation and between news reports and the investigation itself, things started to heat up for the Lt. Colonel down in Ft. Benning, Georgia.

    The civilian court in the mid-west gave sole custody back to the mother and the father refused to return them, rebuffed the MPs who came to get the kids to send them home, and he took them away, retired, and vanished. Almost a year later, pressure forced him to give up the kids and they returned to their mother.

    There was plenty that did not come to light, but there was plenty that did. There was an investigation that ran to over 2,000 pages and concluded — nothing. Then there was a DOD IG investigation that did more of the same. I would estimate a million tax dollars were spent on the thing.

    What was NOT made public, and which is therefore still unconfirmed but there was plenty of “I’ll tell you but you can’t use my name” — was the following: a well hidden, well protected, kiddie porn operation ON THE BASE that was the particular Lt. Colonel’s “hobby operation” and that produced LOTS OF MONEY in the civilian world around the base and elsewhere. Transportation of images c/o the U.S. Army. No danger of anything being examined by the customs folks. Unfair competititon!

    So now and then, they grab some guy who is, after all, expendable, and they accuse him of everything, and make a big show of prosecuting him, so that people will think NOTHING LIKE THAT could ever happen in the Army.

    I’m not saying that is what happened in this case. If the military has actual images from this soldier’s computer, that would present a different picture. But when they go off half-cocked because of a picture of the niece in a two-piece, I mean, c’mon…I’m just sayin’…

  33. Time Magazine just used a 3 yr old boy nursing on his 26 year old mother, both looking into the camera, as THE COVER of the magazine. If a big wig tabloid like that can send out shit like that, a soldier or anyone for that matter, should not be accused of child pornography for having the oh so common picture of a niece/nephew/daughter/son/grandchild being a kid and running around half naked when the warm days call for it.

  34. Thanks Malisha for the exposé for the innocent believers in our Army, and it’s leaders. Went all the way up and ended in nothing. That’s the IGs for you, Imagine what gets covered up at CIA-

    And for those who says the Prez does not have power:
    Didn’t Ford pardon Nixon so he could not be indicted.

    AND THE BEST BIT IS FOR LAST. Nobody mentioned the obvious, the pictures were planted on his laptop by his buddy. Or who knows soembody else who had it in for him. He might have just lipped the wrong person once. That would be enough to sink him.

    Just sayin’.

  35. I mean if the Colonel (courtesy title) could run a kiddie porno industry, then arranging copies on some soldiers laptop must be easy.

    And may the day soon come when embedded encrypted ID will be on ALL electronid camera. Well, paper copies you say. Got news for you, thanks to 1958 style ROTC training, info can be hidden in what appears to be a otherwise intact optic image. How. Do you have the clearance to know. They were using it then in the field. What do you suppose thay can do today.
    So, digital files are covered.

    If you are interested, there is a counter solution for those going the full analogue road; you know sunlight, film, chemicals, photo paper. Guess that is one loophole they don’t want to close. Or have they already.
    Kiddie pornographers, you can sweat awhile now.

  36. We are a weird nation of weird people.the facts are if you are wealth and charged with childporn you will receive a lighter sentence than someone who cannot afford a good attorney.
    Prison makes no sense.genital amputation,lifelomg incarceration in a mental clinic or death by hanging would put the brakes om cp and child molestation.the photo above is my mind a harmless
    Photo. Still if the childs buttocks were exposed the photo should not have beem taken. Why?? Because where ordinary people would look at the photo for 2 seconds say cute kid and continue on witj the conversation. A pedo is gonna masturbate and dream about attacking this child. Porn?? No but very poor judgement.

  37. When are we going to finally put criminal police, prosecutors and judges in prison for multiple life-sentences? Apart from actually putting true criminals behind bars -they wrongfully (& joyfully) hurt innocent people only in order to justify their selfish existence in something, often regardless of rights or wrongdoing. Justice against them MUST prevail!

    Since the late 1980s/early 1990s all over America false child abuse/porn accusations were becomming rampant, permanently destroying innocent families, and horrifically falsely imprisoning good people to the point of suicide. Tens of thousands of good people have been tricked into pleading guilty to a crime which never happened to avoid public embarassement, etc., but then 20-30+ years later they must register as some kind of sex offender and never have the critical rights to survive as they are supposed to, and they have no way to care for their children/families. This is America’s biggest problem. They should correct this (and imprison thousands of dishonest police, prosecutors and judges) before sending troops to kill innocent, scared 3rd-world people.

    Haven’t we learned anything from the dark ages (witch hunts, tyrants, oppression, etc.)?

  38. i can not call it rape: the girl does seem pretty happy wiggling her butt so i can not call her a victim.

    people forcing children are mentally ill, to do it you have to be sick: that is IF there is the force factor

    how many people stand up like this against homosexualism? they call it a “CHOICE”, naturally there is no choice, it has allready been made by what you got in your pants: im glad child pornography havent reached acceptance:

    im not pro child pornography but i cant stand that they THAT little girl a victim because clearly, she has a smile on and she is wiggling her butt to the camera and no one is FORCING her to do it.

    most little girls wiggle theyre butts with todays crappy industry music, maybe she was just dancing like ALL of them do to that crap music and some creepy fella come call it porn:
    Look at it the other way round, they play pornographic music to children (good) child wiggles her butt to the pornographic music (good) she does it in front of a camera (bad)… ???

    id like to know what they call child pornography: many sites like google label sites as childpornography: the problem with this is that some sites that have the royal right to label other sites as child pornography label theier sponsors competition as child porn so that theyre sponsors competitions sites get blocked. Google have been exposed a LOT for doing this.

    they call Might Tyson a rapist: the 14 year old girl went with him to have dinner, they ate and he invited her to his flat, once there it is theyre business, you cant meddle in other peoples affairs behind doors.

    if you go to Julian Assange’s flat, then you are in his flat, you can not complain about what heppened there because you went to that place. why do you go to a place with someone if you know that person is going to do?

    same cuestion about the 14 year old with Tyson, they badley need to ruin a guys career, so they look what he likes and blame him for it. Tyson was piked up from the getto, you cant expect that gigantic osum animal to think much about it, so, they found it easy to ruin the guy.

    Julian was more normal, so they invented a pathetic law of: you can not have sex without a condon, the problem with this is that sex is un-naturalized if you put a plastic bag arround it with chemichals in. the woman need what the man delivers and the man what the woman does: if you put in something between then what is delivered does not do its work properly and therefore the compensation is reduced and the woman does not smile from ear to ear the next day. so they are basically commiting a crime with that law, a crime made law.

    in southafrica, rape is legal, you can not go to the police because they say “you are in the proper age to have sex so you can not complain about it”
    they wont arrest the rapist,they wont judge him, he wont go to jail, if you are a rapist,go live there, you will be in your climax with Nelson Mandela’s legal rape law…i am ashamed to say that rape is legal over there and NOBODY complains about it… >:l

    im not in favor of child abuse or pornography: if she likes it and toy with him then you can not call him a rapist, if he forces her THEN you can call him a rapist. otherwise its basically toutch and play, not much to it, look at the little girl up there, she seem to be enjoying her self…

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