Matiatos v. State

No evidence showed that four jurors, who expressed discomfort at viewing sexually graphic photographs of children were not impartial or unable to decide the case based on the evidence alone.

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A jury convicted James Gerald Matiatos of 27 counts of Sexual Exploitation of a Child OCGA § 16-12-100 by intentionally possessing computer photographic files depicting minor boys engaged in sexually explicit conduct. Matiatos appeals, challenging the trial court’s denial of his motion for a mistrial and the effectiveness of his trial counsel. Finding that any error as to the denial of Matiatos’ motion for a mistrial was waived upon trial counsel’s failure to renew the motion at trial and that new counsel on appeal has failed to establish ineffectiveness of trial counsel, we affirm. The denial of a motion for mistrial is reviewed for abuse of discretion. Underwood v. State , 218 Ga. App. 530, 534 3 462 SE2d 434 1995. A trial court’s ruling on a claim of ineffective assistance of trial counsel is “a mixed question of law and fact subject to independent review by the appellate courts.” Footnote omitted. Suggs v. State , 272 Ga. 85, 87 4 526 SE2d 347 2000. Upon review of such a claim, we accept the trial court’s factual findings and determinations of credibility unless clearly erroneous and review de novo a trial court’s legal conclusions. Id. at 88 4.

The record shows that on February 1, 2005, Special Agent Steve Blackwell of the Georgia Bureau of Investigation was contacted by Investigator John Cuda of the White County Sheriff’s Office and asked to assist in an investigation involving Internet child pornography. Special Agent Blackwell met with Investigator Cuda who provided Blackwell a police report concerning Matiatos which he had received from Detective James McLaughlin of the Keene, New Hampshire, Police Department. Matiatos agreed to be interviewed by Blackwell, and after being read and agreeing to waive his Miranda rights in Cuda’s office, Matiatos admitted that he had e-mailed McLaughlin certain images depicting minor boys engaged in sexually explicit conduct as well as an image of himself simulating an erection.

Matiatos v. State

No evidence showed that four jurors, who expressed discomfort at viewing sexually graphic photographs of children were not impartial or unable to decide the case based on the evidence alone.

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