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Rogeski Arrested on 

Child Porn Allegations

State Must Prove His Knowledge and Ownership of Video Clips

By: David Deschesne

Fort Fairfield Journal, October 5, 2011

FORT FAIRFIELD — Jake Rogeski, 23, was charged with possession of sexually explicit material after members of the Maine State Police Computer Crimes Unit discovered sexually explicit images of children as young as 5 years old at his home.

Sgt. Glenn Lang from the Maine State Police Computer Crimes Unit said Rogeski was charged with possession of sexually explicit material after members of the Computer Crimes unit spent a few days in Aroostook County investigating a tip.

State Police investigators searched Rogeski’s home on September 15 and discovered the images, including 15 video clips, in his possession. Lang said the children in the images appear to be between 5 and 7 years old. Police do not believe that any of the victims are from the community.

Rogeski was employed part-time by Fort Fairfield schools, assisting with its 21st Century After School program. He had worked in the program for approximately four years with children in grades three to six, according to school Superintendent, Marc Gendron.

Rogeski was taken to the Fort Fairfield Police Department after his arrest where he subsequently posted bail. His bail conditions mandate that he have no contact with children under 18 years old. He also cannot possess any technology that could be used to access the Internet.

All people charged with crimes in the U.S. are presumed innocent until proven guilty. Rogeski has at this point only been charged with possession of the materials, but State law allows as a defense, a person’s unwitting possession of something that is otherwise illegal—that is, not having knowledge of possessing it.

The State must now prove those images were in fact his and acquired under his knowledge and control, as opposed to being unknowingly planted on his computer via some discreet file sharing process.

The Maine Revised Statutes (MRS) allows a person to claim as a defense against possession of something illegal the fact that they did not know they had it. MRS Title 17-A, section 103-B (3) states that “possession of something is involuntary if the person: A.) Did not knowingly procure or receive the thing possessed; or B.) Was not aware of the person's control of the possession for a sufficient period to have been able to terminate the person's possession of the thing.”

At this point, Rogeski's ownership and knowledge of possession of said sexually explicit materials is merely an allegation by the State. Charges by police are not convictions, and are not ipso facto necessarily true. While already “convicted” in the court of public opinion, Rogeski will be arraigned in Aroostook County Superior Court in Caribou on December 15 in order to start the process of determining true innocence or guilt.


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