Justice For Matt Bandy or How you could go to jail for life for images someone else put on your computer

Judge For Yourself

 
 
Highlights of Bandy Computer Forensic Exam
Bandy Polygraph Exams & Psych Evaluations
 

Highlights of Bandy Computer Forensic Exam

A leading computer forensic science expert, Tami Loehrs of Loehrs & Associates (formerly Law2000), examined the Bandy family computer in order to find out what, if any, viruses, Trojans, malware or system hacking took place on their system.

Upon Ms. Loehrs' review, she noted that the user login accounts on the computer were the Windows XP default accounts—everyone who used the Bandy computer logged into the computer by using the "Owner" account. Using one master account for the computer makes it difficult to prove who was at the computer at any time, which computer expert Ted Coombs discusses here.

The Bandy computer was inundated with malicious software infections. Ms. Loehrs located over 200 infected files, one of which renamed so many computer files that it was impossible to detect or track all of the malicious activity on the computer. Just a few of the serious infections Ms. Loehrs noted include:

Backdoor.W32.Rbot, which is used by an attacker allowing access to your computer from remote locations, stealing passwords, Internet banking and other personal data.

Backdoor.Rbot.gen, which is a hacker's remote access tool that allows access to control the victims' computer remotely. It can be used to steal or manipulate data and can spread to local networks and to other computers vulnerable to exploits.

TrojanProxy.Win32.Bobax.c is a worm that allows remote code execution, enabling an attacker to gain full control of an affected system.

Divx.exe, a Trojan which may cause serious harm to a system and most likely causes a number of problems, loss of data, loss of control or leaking private information.

Ms. Loehrs noted a significant number of suspicious executable files that began running on or about November 6, 2004 (when the crime allegedly took place) and continued through December 3, 2004. While she was unable to figure out exactly what the files were for, they appeared to be related to one ore more of the backdoor Trojans identified on the Bandy home computer.

Backdoor Trojans allow hackers—completely undetected—to use your computer as a tool for malicious activity which could include downloading or uploading child pornography, trading in illegal goods or services, or even running an illegal website.

Not only was the computer computer virus-ridden, it's commonly known that a computer that's constantly connected to the Internet through a DSL or cable modem—as the Bandy computer was—is at greater the risk of compromise. Firewall, virus protection and intrusion detection systems can alleviate the risks, but the Bandys did not have a firewall. They had anti-virus software on their computer, but while the virus definitions were relatively up-to-date, it was not functioning properly. It appeared, in fact, that the anti-virus software had been disabled, probably by one of the many viruses a family member inadvertently allowed into the system while surfing the Web. They did not have an intrusion detection software on their system, either.

Loehrs concluded that the Bandy system was so overrun with malicious software that it would have been extremely vulnerable to hackers, and without an IDS system in place it's impossible to determine when or by whom the system was compromised. Like the situations discussed here, it would be impossible to figure out which activities were conducted by the Bandys on their computer and which activities were a result of hackers.

You'll find the full report here.
 

Bandy Polygraph Exams & Psych Evaluations
By Jonathan Bernstein

When I was first contacted by defense attorney Ed Novak regarding Matt Bandy's case, one of the first things I asked Ed was the same question I had asked numerous criminal defense lawyers in the past, "Could this kid pass a polygraph exam?" I've had other defense counsel say "no" and refuse to allow their clients to take a test for fear of incriminating them. Ed Novak, to my surprise, said "He's already passed one — and a psychological evaluation."

Then I fired a series of questions at Ed:

"Would Matt Bandy be willing to voluntarily undergo another polygraph exam, this time by an examiner whose name would be very impressive to a national audience?"

"Would Dr. and Mrs. Bandy be willing to undergo polygraph exams by the same expert, even though they are under no obligation to do so, simply to rule them out as suspects in the minds of the court of public opinion?"

"Would Matt Bandy be willing to undergo a second psych eval to verify the results of the first one, and would his parents be willing to go through one each — again, to rule them out as suspects as far as the general public is concerned?"

Those questions led to my first meeting with The Bandys, who answered those questions, without hesitation, "Yes, yes, and yes!"

So why don't you see what I saw — and judge for yourself.

The Polygraph Results

The first evaluation was performed by Felipe Diaz, a well-respected polygraph examiner in Arizona, and while I had no doubt he knew his job, I also knew that readers of my newsletter, and the world at large, would be more impressed with a "big name" second evaluation. The person we found was David C. Raskin, Ph.D. — who the family flew down from Homer, Alaska, to conduct their exams. You are welcome to "Google" his name, or read his more-than-40-page curriculum vita.

You can read the full results of the first and second polygraph exams here, but the conclusions were the same:

Diaz: "It is this examiner's opinion that Mr. Bandy was being truthful when he answered the above listed relevant questions."

Dr. Raskin was even stronger: "On the basis of the polygraph examination, it is my scientific and professional opinion that Matthew Bandy was truthful when he denied uploading, downloading, storing or viewing sexually explicit photographs of minors."

Diaz has asked three questions (answer in parentheses)

1. Have you ever viewed child pornography on the Internet? (NO)

2. Have you ever logged on the Internet to view child pornography? (NO)

3. Have you ever intentionally downloaded child pornography? (NO)

Dr. Raskin even went a bit further:

1. Did you ever use your computer to download or upload a sexually explicit photograph of a minor? (NO)

2. Did you ever view a sexually explicit photograph of a minor on your computer? (NO)

3. Did you ever record sexually explicit photographs of a minor on a disc? (NO)

4. Did you know before the police came to your home on December 16, 2004, that there were sexually explicit photos of minors on your computer? (NO)

And you can click these links for similar polygraph results on Dr. Greg Bandy and Jeanne Bandy.

The Psychological Evaluation Results

The Bandys have allowed me to be privy to the two psych evals performed for Matt Bandy and the evals of Greg and Jeanne Bandy. I am not going to provide you with the full evaluations because, while they pretty convincingly eliminate all three as suspects in any crime related to child pornography, they also — because they are complete exams -- contain very personal details about all elements of the individuals' psyches, the kind of quirks and foibles all of us have. The full test results were made available to the prosecution.

The first evaluator, hired by defense counsel, was noted clinical and forensic psychologist Dr. Michael Bayless. His conclusion about Matt, amidst all the usual highly technical jargon practically required in such reports:

Of particular interest is the fact his personality profile is not consistent with an individual who is socially or sexually deviant...his assessment does not indicate sexual counseling or sex offender treatment.

The second evaluator, hired by The Bandys, was Dr. Judith Becker from the University of Arizona's Department of Psychology and author of multiple books related to the initial charges made against Matt Bandy. Dr. Becker concluded:

It is my clinical opinion that Matthew Bandy does not meet the DSM-IV TR Diagnosis of Paraphilia. A paraphilia is defined as "recurrent, intense sexually arousing fantasies, sexual urges, or behaviors generally involving 1) non-human objects; 2) suffering or humiliation of one's self or one's partner, or 3) children or other non-consenting persons that occur over a period of at least six months.

Dr. Becker went on to quote a study of people diagnosed with Paraphilia and who indulged their fantasies on the Internet. The mean age of those patients was 41. None of them were 16-year-old teens.

To top it off, Dr. Becker's evaluations of Jeanne and Greg Bandy reached exactly the same conclusion.


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