'A subtle mistake': How a single underscore led to an innocent Halifax man's conviction

Brandon Klayme spent 18 months in jail after his online username was mistaken for someone else's

A Halifax man who spent 18 months in jail for child luring and possession of child pornography after an investigative mix-up between two nearly identical online usernames has been acquitted on all charges on appeal.

The error leading to Brandon Klayme's conviction came down to the difference between one underscore — a keyboard symbol used in email addresses or usernames to represent a space — and two, said Nova Scotia's top court in a decision released Thursday.

"If the correct username had been used at the start of the investigation, the subsequent steps in the investigation would not have led to Mr. Klayme," wrote the three-member appeal panel.

Halifax Regional Police arrested Klayme in February 2020 in relation to an investigation by police in Wisconsin into sexual conversations, video calls and the exchange of intimate images between a 12-year-old girl and a man on the messaging platform Kik.

A case of 2 usernames

The man went by the username fus__ro_dah, with two underscores between "fus" and "ro," the decision said.

But when U.S. authorities tried to track down the email and IP addresses connected to the man's account, they mistakenly retrieved the information belonging to Klayme, who had an almost indistinguishable username, save for one key detail: fus_ro_dah, with just one underscore between "fus" and "ro."

While the girl had described to police the physical features of the man with whom she had been communicating, court documents said investigators were unable to conduct a detailed interview with her because she was receiving medical care due to a deep depression.

"The Wisconsin police identified Mr. Klayme as the offender using the incorrect username. His conviction rested on the internet username being attributed to him,” the appeal panel wrote.

Klayme was found guilty of child luring, making sexually explicit content available to a minor and possession of child pornography following an April 2023 trial in Dartmouth provincial court. He was sentenced to 18 months in jail followed by 18 months probation.

A subtle mistake that changed the course of my life- Brandon Klayme

The Appeal Court decision said no evidence was found linking Klayme to the girl, the Kik conversations, or the intimate images.

It wasn’t until earlier this year that Klayme’s legal team discovered the username discrepancy.

Klayme had denied 'any involvement'

“We noticed the problem when we were working on the appeal arguments this spring,” wrote Klayme’s defence lawyer, Zeb Brown, in an email to CBC News.

“We were trying to figure out why the digital forensic evidence pointed at him given his denial of any involvement.”

In an affidavit submitted for the appeal, Klayme said the subpoena by Wisconsin police “contained a subtle mistake that changed the course of my life.”

In addition to an acquittal entered on the charges, the sentence and ancillary orders against Klayme were vacated.

"This is not a situation where an acquittal is entered because the Crown has failed to prove beyond a reasonable doubt the essential elements of an offence or an error during the trial made the verdict unsafe," the appeal panel wrote.

"In these circumstances, Mr. Klayme is factually innocent of the offences. He should never have been charged, let alone convicted."

The correct username likely would have identified someone in California, according to the decision.

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