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Justice Matthew Durrant said he wondered if the case depended on whether or not Gallegos believed this was a minor."If a person tells you they're a minor you'd better log off," Durham said.The supreme court is expected to issue a ruling in the coming months. His other social media profiles are really private. And then suddenly you don't hear from him for 12 hours. Taliaferro said in her client's case, he was convicted based solely on an Internet chat he claims was purely sexual fantasy.
Gallegos is also taking issue with a judge's denial of an expert witness, a doctor who would testify that Gallegos was not attracted to minor girls and was therefore not a pedophile.
Durham pointed out that Gallegos went beyond sexual talk and into soliciting someone who claimed they were a minor. She added if a man walked up to a 13-year-old on the street and solicited sex, what would be the difference?
"It is the solicitation, the inducement, the allure.
Taliaferro argued that on the Internet people pose as someone they are not all of the time and that it is difficult to tell who you are actually chatting with.
Because of this, Internet chat sometimes turns into fantasy and is not grounded in reality.The trial court ruled the testimony was not relevant.