Entertainment
’90 Day Fiancé’ Michael Eloshway Has No Case to Toss Child Porn Conviction, Feds Say
’90 Day Fiancé’ Michael Eloshway
Feds Aren’t Buying Child Porn Defense
Published
“90 Day Fiancé” star Michael Eloshway wants his child pornography conviction thrown out … but federal prosecutors aren’t buying his argument that his lawyer botched the case.
According to court documents, obtained by TMZ, the government is pushing back hard against Eloshway’s attempt to overturn his conviction and 121-month prison sentence … arguing his attorney didn’t botch his defense and there’s no reason to give the reality star another shot.
Eloshway claims his lawyer should’ve hired a computer expert to examine the evidence against him … but prosecutors say he hasn’t explained what an expert would’ve uncovered that could’ve changed the outcome.
And they’re not exactly impressed with his latest request to have an expert review the evidence now … calling it an “unreasonable fishing expedition.”
Prosecutors also point out Eloshway admitted knowing child pornography could be contained in the files on his computer … and say investigators ended up finding more than 7,000 files containing child sexual abuse material.
As TMZ previously reported … Eloshway, who appeared on the first season of “90 Day Fiancé” in 2014, argued he accidentally downloaded the illegal material while searching for adult pornography on BitTorrent. His defense compared downloading the illegal files to inadvertently getting junk mail.
The government says the jury already heard that explanation and rejected it … and prosecutors argue his attorney actually helped him secure a lighter sentence than federal guidelines recommended.
Eloshway also wants access to emails between his former attorney and prosecutors … but the government says he knowingly rejected plea deals and those messages wouldn’t change anything.
Bottom line … prosecutors want the judge to reject his latest legal effort to overturn the result and are asking the judge to leave his conviction and sentence intact.