An Eighty Four man went on trial today in U.S. District Court for the second time on charges of receiving and distributing violent child pornography stemming from a 2007 indictment.
David Cunningham, 41, whose trial was delayed earlier this year because of reports that he was bleeding uncontrollably from the eyes in jail, is charged with using a peer-to-peer network sharing device to download child pornography. Cunningham claims someone else downloaded the images onto his computer in 2007.
Cunningham was convicted on the charges in 2010 and sentenced to more than 17 years in federal prison. But in 2012 the 3rd U.S. Circuit Court of Appeals ordered a new trial because the judge, Arthur J. Schwab, allowed the prosecution to show the pornographic videos to the jury without looking at them himself first to determine if they were prejudicial.
The appellate court sent the case back to Judge Schwab, but it was transferred to Judge Cathy Bissoon.
Cunningham was charged in 2004 with sexually assaulting a 4-year-old in the bathroom of a house in Roscoe during a party where he was a guest, but he pleaded guilty to indecent exposure and public drunkenness and received probation.
First Published July 30, 2014 12:00 AM