Man Cleared Of Charges, Malware To Blame

JUSTJOEL73 said:
So lets see, burden of proof was not met by the state. Does that mean he didn't do it, no. It means the state did not meet the requirements to prove beyond the shadow of a doubt that he was guilty. (by the way OJ didn't do it we still have to look for the real killers)

I have had to clean some computers riddled with porn/viruses and all the users told me straight out they got them from going to porn sites. I would say 99% of infections like the one described come from going to porn sites. (strangely enough those porn riddled computers were not loaded with any kiddie porn) I personally haven't come across any little old ladies with porn riddled computers. If his system has as bad as his expert claims, there was no way he would not have known there was something wrong with his computer. His computer would have been crippled in functionality and been almost unuseable. Was he embarassed to report it, sure let me stick my head in the sand til the problem fixes itself. I have tech illiterate guys come to me every day about this or that stupid question. Couldn't he have asked someone else who knew more about computers? Ignorance is not a defence in this country or at least it didn't use to be. He was responsible for the computer issued to him. If he didn't make it his problem to learn more about computers thats on him. How many jobs out there do not require you to upgrade your skills? The use of the " I am not computer savvy" defence holds no water i my opinion.

Once again we should not reward those who are lazy, ignorant or just plain stupid. If he is unable to get another job, I think it is because of his lack of computer skills. By the way OJ should sue the state of California for tarnishing his image since the court found him innocent.
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You would be surprised at what some people will work with when they don't know any better. I have had many people bring me their computers to fix that are riden with about 400 virus/trojans and about 800 pieces of spyware/malware. Machine runs at about 1/5 the speed it should. Web pages take at least 2 minutes to load. Yet they kept using it and only brought it in because the infection prevented them from doing something they want to do or causes their machine to reboot too often or something like that. As long as they can keep using their machine for what they want (surft the web, check email) they keep on using it and just deal with the issues. Because they are not concerned with speed as much as we are. Thus they just don't care. Could have very well been the same here. Maybe it was running a lot slower, pages taking forever to load due to the stuff being downloading in the background... but maybe since he didn't really know any better he didn't see that as being a problem. For some their machine may get slower over a few days or weeks and they just don't realize much till the end that what use to take 20 seconds now takes a minute.
 
I really doubt his computer was riddled with child porn. It was probably FULL of cached images from random pop ups and adds within those pop ups. They probably fired him because of some 32x32 tiny image that said awesomez kiddy porn with a picture of an 22 year old skank with pig tails and a bow. You act as if youve never seen a porn popup before?!?! they are COVERED in tiny pictures of every assorted type of nastiness under the sun. They try to present you with as much variety as possible hoping you will click on one of the images and be asked for a credit card. I fix computers for people all the time that say they are "slow". If they have a lot of pop up crap on em im sure you can do an image search on their temp internet files and find everything from tiny midget brazilian fart fetish banners to little square images that say horse on church mouse dvds straight to your door in gaudy flashing colors.
 
Hmmm...the state office must have been using Norton Corp, that thing can't stop shit when it comes to malware and spyware, they need to use Spybot or ad-aware (it's free but effective), they should have known from his browser history what he looked at, or at least check msconfig and task manager for abnormal programs and startup entries (rookies).

I agree though the guy should sue for wrongful termination and defamation of character.
 
Also what some seem to be forgetting is most probably when his IE was infected (since I can almost promise you he wasn't running Firefox) it started redirecting his legitimate sites to malware sites. I work here at a hospital and you should see how many times people look up something like 'breast exam' or some other legitimate search and wind up going where they shouldn't and after that for IE it is game over.
 
I wonder if anybody noticed he was fired in march of 2007 and he still doesn't have a job after he having been cleared of charges for over a year? I know I couldn't live like that. Sounds to me like he is sitting on his behind instead of going out to look for a job. He should have gone out to get another job like a real man and just get over it. He should try earning a living like everyone else instead of trying to sue because he is too lazy. I know plenty of people who got fired over stuff that was not their "fault", they got over it and moved on. Life is like that.

I have a real problem with people whose solution is to sue. Too many times huge sims of money are handed out to undeserving individuals by the state governments. The way I see it is that they are stealing from my kids education, they are preventing me from getting good roads and clean drinking water.
 
Or maybe he can't find a job because nobody wants to hire someone accused of possessing CP? He was proven innocent but the social stigma will remain for the rest of his life. He probably lost most of his friends and was shunned by family; making job finding much more difficult.
 
JUSTJOEL73 said:
So lets see, burden of proof was not met by the state. Does that mean he didn't do it, no. It means the state did not meet the requirements to prove beyond the shadow of a doubt that he was guilty. (by the way OJ didn't do it we still have to look for the real killers)

I have had to clean some computers riddled with porn/viruses and all the users told me straight out they got them from going to porn sites. I would say 99% of infections like the one described come from going to porn sites. (strangely enough those porn riddled computers were not loaded with any kiddie porn) I personally haven't come across any little old ladies with porn riddled computers. If his system has as bad as his expert claims, there was no way he would not have known there was something wrong with his computer. His computer would have been crippled in functionality and been almost unuseable. Was he embarassed to report it, sure let me stick my head in the sand til the problem fixes itself. I have tech illiterate guys come to me every day about this or that stupid question. Couldn't he have asked someone else who knew more about computers? Ignorance is not a defence in this country or at least it didn't use to be. He was responsible for the computer issued to him. If he didn't make it his problem to learn more about computers thats on him. How many jobs out there do not require you to upgrade your skills? The use of the " I am not computer savvy" defence holds no water i my opinion.

Once again we should not reward those who are lazy, ignorant or just plain stupid. If he is unable to get another job, I think it is because of his lack of computer skills. By the way OJ should sue the state of California for tarnishing his image since the court found him innocent.
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Did you read up on the case? They basically proved that what was found, if indeed it was actually child porn, got onto the computer via malware, and the state dropped the charges. It did not make it to verdict, because he had not commited an actual crime. If it had he would also be able to sue for malicious prosecution. The prosecution did not bother to investigate in a proper or responsible manner prior to charging Fiola. Hence the burning red color of their faces.

On several levels from IT to Fiola to the police and prosecutor this was a fuck up up. However the moment they went forward with the case and ruined his reputation they were in the greater wrong. Just a little investigation on their part and this whole mess could have been avoided. Just a little competence on the part of the IT staff and this could have been avoided. A bit of computer literacy on the part of 50 something years old Fiola may not have stopped anything. If he reported his problems to the IT staff, they prolly would have just turned him in sooner to the police IMHO.

OJ and his multi million dollar dream team have little to do with a case about a common man. There is no real comparison here. Besides, I would have been convicted on less evidence than OJ had stacked against him. I just don't have several million dollars to give to lawyers, nor fans willing to intimidate jurors.
 
JUSTJOEL73 said:
I wonder if anybody noticed he was fired in march of 2007 and he still doesn't have a job after he having been cleared of charges for over a year? I know I couldn't live like that. Sounds to me like he is sitting on his behind instead of going out to look for a job. He should have gone out to get another job like a real man and just get over it. He should try earning a living like everyone else instead of trying to sue because he is too lazy. I know plenty of people who got fired over stuff that was not their "fault", they got over it and moved on. Life is like that.

I have a real problem with people whose solution is to sue. Too many times huge sims of money are handed out to undeserving individuals by the state governments. The way I see it is that they are stealing from my kids education, they are preventing me from getting good roads and clean drinking water.
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No, the idiots that work in your prosecutors office and the even more idiotic politicians you elect there are the ones stealing from you. Look, Fiola was utterly ruined by what turned out to be a bogus accusation. With something like that hanging over your head you would be lucky to get a minimum wage job somewhere. The prosecution was clearly wrong to proceed with the case with out responsibly investigating. They are the ones that stole from you. Whatever else happened they did not investigate this properly, if they had, you would have been saved the cost of all this legal action. And prolly the size of the award Fiola will undoubtedly receive would have been either much smaller or non existent. Fiola gets some blame in my book, but the IT staff and prosecutors office have a much bigger chunk of it to answer for.

Telling him to "be a man" sounds stupid when the legal system went out of it's way to castrate him. Kind of hard to feel like much of a person let alone a man, when the government has decided you are a pedophile, and continues with this for many months when the evidence is there in front of their faces showing your innocence. If it were to happen to you, I doubt you would be so manly about it either. Yes, it can happen to you. Remember, the accusation alone is enough, and a girl that looks 22 to you might look 17 to a prosecutor. In which case you go to trial, and maybe even jail.
 
"your computer has a virus click here to check your system for free"

'computer slow, click here to speed it up for free"

"shoot the moving monkey and win money!"


many people fall for this crap, obviously it works, or it wouldn't be around.
 
I didn't read the whole thread, has anyone brought up the fact that this is a state worker with a state issued laptop who has been described as "computer illiterate" ? I remember when someone came into the lobby of one of my previous employers looking for a warehouse job, and they put her in customer service answering phones. I came in early the next moringing and she was staring at a blank screen. I witnessed her turn her monitor on and then off roughly 5 times, eventually she came up to me and asked how to turn on her computer. anyone else think maybe this guy shouldn t have a job that involves use of a computer, let alone a goverment job ?
 
OMG, finally somebody who has common sense. The guy's job required him to use a computer which he could not adequately operate.

Of course people fall for the old click this crap, that's why they have IT departments to clean off malware. Oh but before they clean it off, they usually REQUIRE you to inform them you have a problem with the computer or else how would they know to fix a problem they don't know about.

Just because a case never goes to trial doesn't always mean the guy was innocent. The prosecutor chooses to take cases to trial based on other factors like whether the case is winable.

As for his reputation being hurt and becoming unemployable? Comeon, he wasn't convicted, he could still pass any background check. I think it is his lack of work/computer skills which is what makes him unemployable.
 
JUSTJOEL73 said:
Just because a case never goes to trial doesn't always mean the guy was innocent. The prosecutor chooses to take cases to trial based on other factors like whether the case is winable.
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Cases which are based upon false accusations are rarley winnable. You could be dealing with an over zealous IT admin mixed in with a bunch of cops desperate for a headline and a prosecutor dieing for the next election vote.

A lot of these types of cases are small or false accusations but are blown way out of proportion, like the Lacrosse Players Trials.

JUSTJOEL73 said:
As for his reputation being hurt and becoming unemployable? Comeon, he wasn't convicted, he could still pass any background check. I think it is his lack of work/computer skills which is what makes him unemployable.
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Would someone hire OJ Simpson? Would you? His record is clear... Think about it... it's an extreme example, however, he's been tagged regardless of the court system. The public can make a quick assessment on you and run with it.
 
Ockie said:
Cases which are based upon false accusations are rarley winnable. You could be dealing with an over zealous IT admin mixed in with a bunch of cops desperate for a headline and a prosecutor dieing for the next election vote.

A lot of these types of cases are small or false accusations but are blown way out of proportion, like the Lacrosse Players Trials.



Would someone hire OJ Simpson? Would you? His record is clear... Think about it... it's an extreme example, however, he's been tagged regardless of the court system.
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There is also that small issue of the book OJ tried releasing called "how I would have killed my wife...if I did it" or something to that effect, and he's currently being prosecuted for staging a robbery and trying to escape the country, so it's not really that he got tagged, it's the fact he is a criminal and tried making money out of someones death, and he is a terrible example of an innocent man.

This guy could be just as much a reject of humanity for all we know, but spyware/adware/malware is an absolute sod to get off of a system once it's on there, it could well be true that he's innocent of the crime.
 
One has to wonder what sites he was visiting to get the malware in the 1st place.:confused:
 
lucky777 said:
One has to wonder what sites he was visiting to get the malware in the 1st place.:confused:
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Oh, I could easily make a post about something seemingly interesting and place a link to it inside my post and trick numerous [H] goers to click said link. Adservers can get hacked and can be made to serve poisoned flash ads, or have the legit ads redirect you to someplace unsavory. I would never do that, and don't believe anything like it has ever happened here, but it could happen.

The internet is NOT a safe place. Safe browsing habits can go a long way, but they only get you so far.
 
I hope that man can afford to file, and endure, a lawsuit against the state. Being fired for the reason he was, under those circumstances, is enough to sue over... Having yourself labled a pedophile isn't repairable, no amount of money will fix that. Moving to a different country, getting drunk many times, and enjoying the rich life might help, though.

dagas said:
Being labeled a pedophile is almost worse than being labeled a murderer. I hope the friends will come back, but I don't know if he should take them back when the abandoned him.
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If one of my friends was fired and accused of being a pedo, I would distance myself from them too. Not just distance, but completley ignore and forget about. Child abuse in the sense of pedophilia, is a horror and sadness which is ineffable. Its not only because of me wanting to avoid the association, but I would also think "...I talked to this person, knew this person for xx years, ive let them near my children, into my home... and they are a... pedophile?"

If you worked, or went to school with, an ex-convicted murderer, and an ex-convicted pedophile, both recently released from prison, which of the two would you want to punch in the face the most? I beleive that murder is something, in which everyone is capable of performing it. All it takes is motive, a means, and anger. Murder is murder,im sure people would care less about that, than someone saying "I had butt sexx with mah neighbors toddler, but that was 20 years ago and I did my time".


Though, if even a small fraction of the population thinks in a slightly similar way as I do in regards to such accusations, then im sure there is more than enough reason to sue for everything possible.
 
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