OGDEN — A judge has ruled there’s insufficient evidence to prove a former doctor downloaded child pornography on his work computer.
Child pornography charges dismissed against former McKay-Dee Hospital doctor
By Loretta Park
November 29, 2016
On Nov. 10, Judge Scott M. Hadley dismissed all 15 counts of sexual exploitation of a minor filed against David Ford Wilson, 45. Wilson was employed at McKay-Dee Hospital before his arrest three years ago.
Upon dismissing the charges, Hadley said prosecutors did not produce “believable evidence.”
Charging documents filed in the case said Intermountain Healthcare security personnel believed the former doctor’s computer was used to download and view child porn. Wilson, who was an osteopathic physician and child psychiatrist, was then terminated from his job, and the Utah Division of Occupational and Professional Licensing revoked his licenses to practice medicine and prescribe drugs.
He was arrested Sept. 6, 2013, after an investigation involving the Utah Attorney General’s Internet Crimes Against Children Task Force and the FBI.
The judge’s decision to dismiss the charges came after Wilson’s attorneys, Tara Isaacson and Walter Bugden, filed motions claiming the investigation couldn’t prove Wilson viewed child pornography on the computer.
At an evidentiary hearing that began June 3 and continued Sept. 2, computer experts’ testimony explained how accusations against Wilson arose and why he couldn’t be directly linked to the child pornography in question.
Carl Horne, Intermountain Healthcare’s internet architect, told the court part of this job is checking the company’s computer logs — including “proxy logs” — each night to see what employees viewed on their devices. In early 2013, he said the security system flagged a child porn site and showed a user named “dfwilson” accessed it.
Tami Loehrs, a computer forensic expert from Arizona, testified on behalf of the defense during the hearing. She said a proxy server showing someone went to a website doesn’t necessarily mean he or she actually visited the site. She said a more reliable way to know if a person viewed certain images is if he or she searched for them, downloaded them, or saved them in a file and viewed them again.
Loehrs testified images found on Wilson’s computer weren’t saved and said it’s possible for a person to have an image stored on a computer without ever seeing it.
The Salt Lake Tribune
Case dismissed against Utah child psychiatrist accused of viewing child porn
By Mariah Noble
November 15, 2016
A Utah child psychiatrist, whose license was suspended over child pornography charges in 2013, saw the cased dismissed last week.
David Ford Wilson, 45, had been accused of accessing child pornography through his work computer at Ogden’s McKay-Dee Hospital more than three years ago, and was charged in 2nd District Court with 15 counts of sexual exploitation of a minor, a second-degree felony, on Sept. 9, 2013, court documents show.
But on Thursday, Judge Scott Hadley ruled in favor of the defense, which had filed a motion to dismiss the case.
“After reviewing the foregoing facts, the court does not feel that the state has produced believable evidence of the 15 counts,” according to a docket entry on the case.
Prosecutors alleged that Wilson had intentionally viewed 15 images depicting child pornography after the images were found cached in the hard drive of his computer.
His license to practice as a osteopathic physician was suspended on Aug. 27, 2013, in light of the allegations, and he was ordered to “immediately cease and desist from the practice of medicine,” according to an emergency order issued by the Division of Occupational and Professional Licensing. Wilson was fired from the hospital on April 30, 2013, according to a 2013 Weber County Sheriff’s Office news release.
But during a June evidentiary hearing, a computer forensics expert testified that the 15 images were stored in “unallocated space” on Wilson’s computer ccc meaning they weren’t saved under any file name and there was no record of how long they had been on the computer, who was on the computer when they were created, or whether they had ever actually been viewed by the computer’s user.
A computer’s proxy log generally records “all internet activity,” the expert testified, according to court records, including information from pages that were “accessed on purpose” and information from pages that “popped up inadvertently … includ[ing] any kind of spam or advertisements, banners.”
“It’s all automatically being cached,” the expert testified, according to court documents. “… If a site is visited, you will see the activity.”
But the proxy log in Wilson’s computer could not be directly linked to any of the 15 images in question, the expert said.
Computers may also record information from links on a portal site even if they are never clicked on or accessed by the computer’s user, the expert said, and there is no evidence that Wilson clicked on or visited child pornography sites.
“It is not enough for the state to simply claim that [Wilson] may have visited some questionable websites,” according to a memorandum filed by Wilson’s defense.
Former doctor’s attorney wants evidentiary hearing
By Loretta Park
April 14, 2015
OGDEN — A former doctor who practiced at McKay-Dee Hospital appeared in court on Tuesday.
David Ford Wilson, 43, is charged with 15 counts of sexual exploitation of a minor. He entered not guilty pleas to the charges on July 16, 2014.
His attorney, Emily Swenson, asked the judge to schedule a three-day hearing to decide if the evidence is admissible.
Deputy Weber County Attorney Letitia Toombs objected to the hearing, saying a judge had already ruled on the admissibility of the evidence.
Swenson filed a motion on April 3 in 2nd District Court requesting the three-day hearing. In it she wrote that there is a need for “expert testimony regarding the evidence of possession and control in this matter.”
She also wrote that “courts have addressed the evidence needed to show possession and control and concluded that documents located in the browser cache or in unallocated space, without more, cannot support a conviction.”
Toombs said she plans to file an objection to the motion by Friday.
Judge Scott Hadley scheduled a hearing for oral arguments on May 8.
Wilson was investigated by the Internet Crimes Against Children (ICAC) task force, with assistance from the FBI in 2013, officials had said.
In late March of 2013, Intermountain Healthcare’s information system security department found that Wilson’s computer was being accessed to download and view child pornography. He was immediately terminated and the incident was reported to police.
Detectives served a search warrant for Wilson’s hard drive and after a forensic analysis, which can take a lengthy amount of time, he was arrested on Sept. 6, 2013.
Wilson was an osteopathic physician as well as an child psychiatrist for Weber County.
The Utah Division of Occupational and Professional Licensing revoked his license to practice medicine and prescribe drugs. A panel of three doctors reviewed the case and made an emergency motion to suspend Wilson.
McKay-Dee Hospital also released a statement in 2013 that said there is no evidence that any of Wilson’s patients were at risk.
ABC 4 Utah
Bail lowered for child psychiatrist accused of looking at child porn
September 17, 2013
SALT LAKE CITY, Utah – A judge lowered the bail for a child psychiatrist accused of looking at child porn on his work computer.
David Wilson is facing fifteen counts of sexual exploitation of a child.
He was fired earlier this year after his employer discovered the child pornography on his work computer at McKay Dee Hospital.
His license has been revoked and he’s behind bars for now.
His bail was lowered from $150,000 to $100,000, so he may get out of jail to await his trial.
The Salt Lake Tribune
Ogden child psychiatrist investigated for child pornography
McKay-Dee Hospital fired the doctor when the allegations surfaced.
By Michael McFall
September 9, 2013
Investigators suspect that a child psychiatrist at an Ogden hospital accessed child pornography through his work computer.
Earlier this year, the Intermountain Healthcare information systems security department discovered a computer was being used to access the pornography, according to a Weber County Sheriff’s Office news release. Upon learning it was David F. Wilson’s computer at McKay-Dee Hospital, Intermountain immediately fired him on April 30 and reported the incident to law enforcement and the Division of Occupational and Professional Licensing, the release adds.
After analyzing the computer hard drive, the Weber County Sheriff’s Office arrested Wilson on Friday and booked him into jail under suspicion of 15 counts of sexual exploitation of a child. He is currently in jail and is being held on $150,000 bail.
There is no evidence “that indicates any risk to Dr. Wilson‘s patients,” according to a statement from the hospital. Wilson began working at McKay-Dee on July 19, 2011.
The Utah Division of Occupational and Professional Licensing announced Monday that it suspended Wilson’s physician licenses in an emergency hearing held Aug. 27. Authorities discovered hundreds of images depicting child pornography on Wilson’s work computer, a release from the division adds.
“David Wilson was treating vulnerable children all while viewing child pornography on his work computer,” Francine Giani, executive director of the Utah Department of Commerce, said in a statement. “The Division of Occupational and Professional Licensing felt his actions posed an immediate threat to public safety so swift action was necessary.”
Besides a child psychiatrist, Wilson was an osteopathic physician as well. Wilson had been licensed to practice as an osteopathic physician in Utah since August 9, 2011.
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