Saturday, November 26, 2022

Letter Writer Has Lingering Questions About Lieutenant’s Son Charged with Possessing Child Porn

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PoliceLightsMCSO
[Stock photo by Matt LaFever ]

To the Editor:

With regard to MSCO SWAT commander Lieutenant J.D. Comer’s son, Bailey Comer, being booked on May 15 on child pornography charges, several things bother me.

First, why did it take 2.5 years to charge Bailey Comer?

On September 25, 2019, the Internet Crimes Against Children Task Force (ICAC), a national team of cybercrime investigators, determined that a folder on the cloud-sharing service DropBox contained child pornography and was being accessed via an internet connection somewhere in Mendocino County. On October 31, 2019, MCSO began its investigation. On November 4, 2019, MCSO learned from information gained with the search warrant that the IP address was associated with a home in Fort Bragg owned by MCSO Lieutenant JD Comer.

So, I ask again, why did it take 2.5 years to bust Bailey Comer?

Second, why wasn’t Bailey Comer arrested on child pornography charges?

Possession of Matter Depicting Minor Engaged in Sexual Conduct (Pen. Code, § 311.11(a)). This crime is a serious offense. Anyone convicted of such will also be a lifetime member of California’s sex offender registry. Prior to 2006, the possession of child pornography was a misdemeanor offense. However, after the passage of The Sexual Predator Punishment and Control Act (Proposition 83 in California), the crime was reclassified. Now, it is a “wobbler” and can be prosecuted as either a felony or a misdemeanor. If you are found guilty, you can receive up to 8 years in prison or $100,000 fine.

So, I ask again, why wasn’t Bailey Comer arrested? Why was he simply allowed to be booked and released?

Third, why was Bailey Comer released on his own recognizance? No bail. Nothing. Possession of Matter Depicting Minor Engaged in Sexual Conduct (Pen. Code, § 311.11(a)) is a serious crime.

So, I ask again, why was Bailey Comer released on his own recognizance?

Fourth, because prosecution by the Mendocino County District Attorney is a conflict of interest, given SWAT Commander’s J.D. Comer’s position, who will prosecute this case? What district attorney in what county?

Also, because a violation of Pen. Code, § 311.11(a) is a “wobbler”, will the district attorney give Bailey Comer a free pass and prosecute this case as a misdemeanor? Or will the case be more appropriately prosecuted as a felony?

The breadth demonstrated within these penal codes and the harshness of the penalties highlight the severity with which the people of California view these crimes. This is with good reason. The history of child abuse, exploitation, molestation, and rape is vast and dark. Often, as a society we like to assure ourselves that these are crimes that we are outgrowing as we advance as a society. However, the evidence is all around us that this is not the case. As technology quickens its advance at an ever-rapid pace, laws protecting the most vulnerable among us need to be able to keep pace as well. This explains the good intentions behind the painting of these criminal definitions with such a broad brush. It also allows for the heavy-monitoring and quick-responses of law enforcement to child pornography violations.

So, I ask again, who will prosecute Bailey Comer and will the case be prosecuted as a felony?

I ask the above questions because the U.S. Constitution demands equal treatment under the law. A SWAT commander’s son cannot receive favorable treatment.

Today, in America, in 2022, we need to assert not only that “Black Lives Matter”, but that “All Civilian Lives Matter”. We need to shout it from the courthouse steps.

We need to police the police. We need to be ever vigilant against the abuses of authority, and I say this as someone who has served in the MCSO. My badge number was 2526 and only the highest standards of professional conduct should be expected from law enforcement.

We need to protect children. Always. Everywhere. We need to be ever vigilant against child sex abuse, and I say this as a survivor of childhood sex abuse. There is an epidemic of child sex abuse in our schools, churches, youth programs, and youth sports, and also in the foster care system and the juvenile justice system. 

The rule of law is the only thing that separates a civilized people from barbarians. And the thing most worth protecting are our children. 

John Sakowicz

Ukiah

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4 COMMENTS

  1. A very sobering letter with salient points. District Attorney Eyster needs to respond as does Sheriff Kendall. Silence increases suspicion. Guilty or not, this is a very troubling case.

  2. I am in complete agreement with John. He should be tried as an adult for child pornography, and still be in jail. They should try his case before a jury of his peers as a felony in Sacramento where they investigated his crimes.
    The Mendocino booking log to this day states he is committed, and his horrific actions behind a screen is a still just a misdemeanor. I honestly hope he has not touched a child and does not why he is out in society.

  3. Thank you for well written response and knowledge of the actual law. This feels like such a miscarriage of Justice from the very beginning. Special favors with law enforcement in this day and age just can not be allowed in any fashion or manner!

    • My name is irrelevant I am writing because I believe I have found a link to pedophiles and our law officers. Harold casebolt lives on Simpson lane as well as jd comer. In my opinion he got a light sentence for his child molesting crimes. I don’t have the authority to dig deeper but perhaps you do. I have noticed a trend however. Seems in mendo County most pedophiles have a sur-name hence harold victor casebolt the 3rd. Or Joseph D. Comer the 2nd. I believe bailey was molested by his father as well as others and being made to take the fall.

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MendoFever Staff
MendoFever Staff
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