Content of O'Malley's computer still a big question

Speculation is rampant as to exactly what kind of pictures former Cuyahoga County Recorder Pat O'Malley had on his personal computer. O'Malley entered a plea of guilty on obscenity charges after being charged by the FBI.

O'Malley will be sentenced in August - he is facing up to 6 months in jail. During O'Malley's sentencing prosecutors have stated they will go in to detail on the content of their find.

From the PD --

The charge said "O'Malley did knowingly use an interactive computer service for the carriage in interstate and foreign commerce of numerous obscene, lewd, lascivious and filthy pictures, writings and other matters of indecent character."

Adult obscenity statutes focus on the dissemination of obscene materials, either by mail or through computers, said Richard Lillie, a Cleveland defense lawyer and former Cuyahoga County Common Pleas judge and federal prosecutor with expertise in obscenity laws.

Lillie... said federal prosecutors are targeting those who profit from questionably obscene material, either by producing it, importing it, broadcasting it or mailing it. They are not looking for Regular Joes with dirty pictures on their computer, he said.

"Somebody with a small collection of [pornography] would obviously not be a target of a federal prosecution," Lillie said. "The mere receipt or viewing of obscenity is not going to be illegal." More...

The charges and O'Malley's plea are raising many questions in the so-called inner circle of Cuyahoga County politics. Some are questioning if O'Malley really downloaded the pictures or was he set up.

If the pics were kiddie porn it is wondered if O'Malley struck a deal for reduced charges by rolling over on other Cuyahoga County Democrat officials. One scenario being floated is that O'Malley realized he was pretty much screwed and offered up Mason for the reduced charges.

The scuttlebutt, though not confirmed, is that the feds have been interviewing people in Mason's office the last few days. The allegations are that they are looking for employees being used to campaign on county time and questionable fund raising tactics. Whether O'Malley is guilty or not and whether the above rumors are true remains to be seen. Regardless, most elected officials are staying away from remarking on the O'Malley incident.

One person smiling is Cuyahoga County Commissioner and Cuy. Co. Democrat Chairman Jimmy Dimora. When O'Malley's computers were initially seized by the feds in 2004, Dimora told TV reporters it was time for O'Malley to leave...

"My suggestion's gonna be is, if he, and he'll know what's going on with his particular situation, is this the time to cut the strings and be done with it," Dimora told Channel 3 News.

"I'm going to ask him to make that decision about his political career, is it time to step down?"

But never fear - O'Malley does have a supporter - a convicted sex offender who is accusing Cuyahoga County Prosecutor Bill Mason of misconduct over this case.

While Mason may soon have his own issues to deal with - he is not prosecuting this case. O'Malley was charged in federal court and not county court - so they case is being tried by federal prosecutors.