substantial step

Gregory Smith was committed to the Camden County jail on April 14, 1989, for trial on robbery charges. In September 1988 he had tested positive for HIV and knew of his infection. Jailers placed him in a special blood alert area. Before June 11, 1989, Smith repeatedly threatened corrections officers that he would bite or spit on them to kill them or give them AIDS. He had discussed his HIV status with guards and a local reporter while seeking transfer to a state prison for better medical care. On May 5, 1989, Smith kicked his cell door. After officers restrained him, he threatened to bite and spit while showing his teeth. On May 17 he again resisted officers. He threatened to take one of us the fuck out. He promised to have an officer killed by his brothers. He later spat at another officer while trying to bite him. On June 11 officers escorted Smith to Cooper Hospital after he claimed a fall. At the hospital he became disruptive. He grabbed a metal cylinder. During the struggle he bit Officer Waddington's hand, causing puncture wounds visible in photographs taken days later. Throughout the incident Smith repeatedly threatened to bite and give the officers AIDS so they would die. Waddington was treated by Dr. Zimmerman who prescribed an oral antibiotic and administered hepatitis B immunoglobulin. Since the incident, Waddington has undergone continued testing for HIV. As of the time of trial in April 1990, the tests had been negative. Additional incidents occurred on June 12 and October 17, 1989, in which Smith again threatened officers with his HIV status while resisting restraint. At the April 1990 trial the State presented Dr. Porwancher, who testified that transmission of HIV by bite was possible on rare occasions based on case reports in Lancet and a Soviet study. Defendant's expert Dr. Condoluci testified that the chance was extremely remote and cited studies showing no transmissions in documented bite cases. Smith testified that he knew HIV could be transmitted only sexually, by transfusion, or by needles. He believed transmission by bite was impossible. Mental health worker Eugene Niblack confirmed he had told Smith biting was extremely difficult if not impossible. Smith denied biting or threatening the officers and claimed the officers lied. The jury convicted Smith on April 11, 1990, of attempted murder of Waddington, aggravated assault on both officers, and terroristic threats. Judge Mariano imposed an aggregate twenty-five-year term with twelve-and-one-half years of parole ineligibility. Smith appealed to the Superior Court, Appellate Division.

The defendant was prosecuted in the circuit court of Lake County for offenses arising from his Internet communications with an undercover Lake County sheriff's detective. On July 13, 1998, Detective Richard White was conducting an investigation on the Internet service provider America Online using the screen name XradboyX. The profile of XradboyX indicated that the user was named Ricky and was born on December 12, 1986. Detective White was in a chat room when he received an instant message from the defendant, who was using the screen name FarWestBoy. The defendant asked Ricky how old he was. An Internet instant message conversation then ensued during which Detective White represented that he was 12 years old and the defendant indicated that he was 34. The conversation included references to sexual behaviors. Detective White and the defendant agreed to meet later that day at a Denny's restaurant, but the defendant did not appear. The following day the defendant sent two e-mails apologizing for not attending the meeting and expressed his desire to continue the exchange of messages. When Detective White logged on to America Online, he received an instant message from the defendant. They engaged in a sexually suggestive computer dialogue for about one hour. During that conversation Detective White requested that the defendant send pictures via e-mail of men engaged in sexual conduct. The defendant complied and forwarded images of two young males engaged in acts of sexual penetration. Detective White and the defendant again agreed to meet at the Denny's restaurant. At the agreed-upon time on July 15, 1998, Lake County detectives arrived at the location. After the defendant arrived he approached Detective Manis, who had been dressed to attempt to match the description of a 12-year-old boy. The defendant asked Detective Manis if he was Ricky. After Detective Manis responded in the affirmative, the defendant stated that Manis did not look twelve years old. Police officers then arrested the defendant. Following his arrest the defendant was taken to the sheriff's department where he gave oral and written statements to investigators. During the interview the defendant identified himself as FarWestBoy and admitted his understanding that Ricky was 12 years old. He confirmed that he had driven to the Denny's restaurant to meet Ricky and that he would have had sex if Ricky had wanted to. The defendant presented no evidence at the bench trial and moved for a directed verdict. The trial court found the defendant guilty of attempted predatory criminal sexual assault of a child, attempted criminal sexual abuse, and two counts of attempted indecent solicitation of a child. The trial court denied the defendant's posttrial motions. On February 23, 1999, the trial court sentenced the defendant to 12 years' imprisonment for attempted predatory criminal sexual assault of a child and vacated the judgment on the charge of attempted aggravated criminal sexual abuse. The trial court also sentenced the defendant to concurrent terms of 365 days' imprisonment on each of the two charges of attempted indecent solicitation of a child. The defendant appealed from that order. At the hearing on the motion to suppress, testimony addressed the circumstances under which the defendant signed a Miranda waiver form after initial hesitation and questioning by detectives. The trial court took judicial notice of the defendant's 1997 Cook County conviction for possession of child pornography that was later vacated in 2000 after the underlying statute was held unconstitutional.

In 2006 postal inspector Jude Densley created an undercover profile on the social networking site hi5 under the name Candi Kane. According to her profile Candi was an open-minded mother of two beautiful girls ages seven and twelve. The profile also identified Candi as a member of online social groups called Young Girls and Older Men Loving Each Other, Dady's Favourite, and Family Love is Best. At trial Densley explained that the phrase family love is a euphemism for incest. In September 2007 Van Buren Lee using the screen name Doc initiated contact with the profile by sending a message stating he was the man to handle all her needs. Lee closed his message by telling Candi to take care of her and the girls. From October 2007 through March 2008 Lee and Densley still posing as Candi exchanged dozens of online messages and one recorded telephone call on December 27 2007. Lee repeatedly asked about the daughters' ages. Lee offered to send a photograph of his penis. Lee requested specific sexually explicit photographs of the girls in poses with legs open and cheeks held apart. Lee discussed travel plans for an October 2008 visit to California. Lee asked whether the older girl was menstruating or on birth control. Lee stated he was not a condom user. Lee also sent the penis photograph. Lee watched Candi view a live video of him masturbating. Lee promised to send gifts such as coloring books dolls and necklaces to the girls. On March 7 2008 after Candi told Lee she had mailed the requested photographs federal agents delivered a package containing images of minors in sexually explicit poses to Lee's home in Rockmart Georgia. Lee retrieved the package from his porch while still chatting online with Candi and was arrested at that moment. Lee never contacted Candi again after the arrest. In March 2008 a federal grand jury in the Northern District of Georgia returned a three-count indictment charging Lee with attempted production of child pornography in violation of 18 U.S.C. § 2251(a) and (e). The indictment also charged knowing receipt of child pornography in violation of 18 U.S.C. § 2252A(a)(2)(A). The indictment further charged attempted enticement of a minor in violation of 18 U.S.C. § 2422(b). A jury convicted Lee on all three counts after trial. The district court sentenced Lee in December 2008 to concurrent terms of 300 months on each count.