Appeal Court quashes Dartmouth man’s convictions in internet luring case, enters acquittals
Lawyer Zeb Brown introduced fresh evidence at Brandon Klayme’s appeal of his 2023 convictions for luring a Wisconsin girl on the internet. Based on that evidence, which established that Klayme’s internet username was mistakenly linked to the offences by U.S. investigators, the Nova Scotia Court of Appeal overturned the convictions Thursday and entered acquittals. Photo by Steve BruceArticle contentThe Nova Scotia Court of Appeal has overturned a Dartmouth man’s convictions for luring a U.S. child on the internet and acquitted him after fresh evidence showed his username was incorrectly linked to the offences.THIS CONTENT IS RESERVED FOR SUBSCRIBERS ONLY.Subscribe now to access this story and more:Unlimited access to the website and appExclusive access to premium content, newsletters and podcastsFull access to the e-Edition app, an electronic replica of the print edition that you can share, download and comment onEnjoy insights and behind-the-scenes analysis from our award-winning journalistsSupport local journalists and the next generation of journalistsSUBSCRIBE TO UNLOCK MORE ARTICLES.Subscribe or sign in to your account to continue your reading experience.Unlimited access to the website and appExclusive access to premium content, newsletters and podcastsFull access to the e-Edition app, an electronic replica of the print edition that you can share, download and comment onEnjoy insights and behind-the-scenes analysis from our award-winning journalistsSupport local journalists and the next generation of journalistsRegister to unlock more articles.Create an account or sign in to continue your reading experience.Access additional stories every monthShare your thoughts and join the conversation in our commenting communityGet email updates from your favourite authorsSign In or Create an AccountorArticle contentIf the right username had been used by police in Wisconsin at the start of the investigation, the subsequent steps would not have identified Brandon Klayme as the person who had illicit communication with a 12-year-old girl in 2018, an Appeal Court panel said in a decision Thursday.Article contentArticle contentArticle content“The correct username likely would have identified someone in California,” justices David Farrar, Elizabeth Van den Eynden and Robin Gogan wrote.Article content“Mr. Klayme should not have been convicted of these offences.”Article contentThe panel said this was not a situation where the Crown failed to prove the essential elements of an offence beyond a reasonable doubt, or where an error during the trial made the verdict unsafe.Article content“In these circumstances, Mr. Klayme is factually innocent of the offences,” the decision said. “He should never have been charged, let alone convicted.”Article contentThe proceedingsArticle contentKlayme, 30, stood trial in Dartmouth provincial court in 2023 on charges of child luring, making sexually explicit material available to a child and possession of child pornography.Article contentHe was found guilty on all counts and sentenced in January 2024 to 18 months in jail, followed by 18 months of probation. He had to provide a sample of his DNA for a national databank and was ordered to register as a sex offender for 20 years.Article contentArticle contentJudge Ted Tax also imposed a five-year prohibition restricting Klayme’s internet use and contact with children.Article contentArticle contentKlayme has already served his jail time but was still on probation when the Appeal Court admitted the fresh evidence, allowed the appeal, entered acquittals on all charges and vacated the sentence.Article contentInitial investigationArticle contentThe investigation began after a mother in Madison, Wisc., conducted a random check of her daughter’s cellphone and came across an inappropriate photo of a man.Article contentThe Dane County Sheriff’s Department seized the girl’s phone. An extraction report turned up 125 instant messages between the girl and an adult named Jay on Kik, a social media platform.Article contentThe girl testified she and Jay used Kik to have sexual conversations, exchange intimate images and have frequent sexually explicit video calls.Article contentWhile preparing his arguments for Klayme’s appeal this year, lawyer Zeb Brown discovered a mistake in a subpoena drafted by a Wisconsin police officer seeking information about the suspect from Kik.