People v. Gumila, 981 N.E.2d 507

Gumila was convicted at a bench trial of possession of child pornography under 720 ILCS 5/11-20.1(a)(6).
Evidence included 13 child-pornography images forensically recovered from Gumila’s computer and Internet browsing history (Favorites and Cookies) indicating sites with child-pornography sensibilities.
Gumila signed a consent to search Bowlden’s camera and computer, leading to the discovery of the images on Gumila’s own hard drive.
Unrecorded statements and a recorded interview were obtained after he was advised of his rights; recordings contained admissions about his long-term Internet use for pornography.
The trial court instructed the jury (bench) on possession under 11-20.1(a)(6) and (b)(5), determining nine images were possessed and four “lost files” were not.
Defendant appealed challenging (1) the admissibility of Cookies and Favorites as propensity evidence and (2) the sufficiency of evidence to prove knowing and voluntary possession.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admissibility of Cookies and Favorites as evidence	Cookies/Favorites show intent/knowledge	Evidence is mere propensity evidence	Admissible for purposes beyond mere propensity
Sufficiency of evidence of knowing and voluntary possession	Browsing history and statements show knowledge	No proof of voluntary possession	Sufficient evidence of knowing and voluntary possession includes recorded/unrecorded statements and browsing evidence

Josephitis, People v., 394 Ill. App. 3d 293 (2009) (possession can be actual or constructive; TIFs may prove knowledge and possession element)
Scolaro, People v., 391 Ill. App. 3d 671 (2009) (TIFs and browsing history can establish knowledge and possession; voluntary possession requires requisite time to terminate possession)
Bannister, People v., 232 Ill. 2d 52 (2008) (standard for appellate review of evidentiary rulings; plain-error considerations)