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Advocacy group tries to appeal child porn case to Supreme Court

State court rejected privacy argument

A Washington, D.C.-based advocacy group has taken an interest in a Butler County criminal case and is attempting to get the U.S. Supreme Court to make a decision on privacy issues revolving around the case.

Jon E. Shaffer, 50, of Pittsburgh was sentenced on March 9, 2017, by Common Pleas Judge William Shaffer to six months to one year in jail followed by 13 years of probation after being found guilty during a nonjury trial of child pornography and criminal use of a communications facility.

But the defendant has yet to serve any of his sentence. Judge Shaffer made the defendant register as a sex offender, but he postponed his sentence in response to the defendant's lawyer, Lee Markovitz, appealing the case to the state's higher courts. The state's Supreme Court rejected Markovitz's privacy argument and tossed the case. But recently, the MacArthur Justice Center, a constitutional rights advocacy group, appealed the case to the country's highest court, Markovitz said.

Markovitz said during a hearing Monday that he estimates the case has a 1 percent chance of being picked up and heard by the Supreme Court justices.

Jon Shaffer's case originated when Cranberry Township Police were called on Dec. 5, 2016, to Compu Gig on Route 19 by a staff member who saw suspicious images on Shaffer's laptop. Shaffer had given the laptop to the computer repair shop for some work.

After obtaining a search warrant, Sgt. Matthew Irvin examined the laptop's hard drive and observed 73 digital images depicting children under the age of 18 engaged in sexual acts.

Markovitz objected to the police's seizure of the laptop, arguing that it violated his privacy and was an improper search and seizure. These objections led to appeals.

Jon Shaffer is not in jail, but is under government supervision. At Monday's hearing, Markovitz asked Judge Shaffer to resume his sentence and parole him immediately.

But Judge Shaffer said he was concerned that he didn't have the power to sentence the defendant with the case being appealed to the Supreme Court.

Markovitz said the U.S. Supreme Court appeal is being handled by Amir Ali, who couldn't be reached for comment.

According to information on the organization's website, Ali is the Supreme Court and appellate counsel at the MacArthur Justice Center and oversees the organization's Washington, D.C., office. He argues civil rights and criminal justice issues in federal appeals courts across the country, including the U.S. Supreme Court.

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