NEW YORK, July 1 (Reuters) - A former New York City police officer found guilty in March 2013 of plotting to kidnap, cook and eat women has had his conviction overturned by a federal judge, according to court documents.
A federal judge granted the acquittal of Gilberto Valle, dubbed the "cannibal cop" by the tabloid media, on the charge of conspiracy to kidnap, in a decision reached on Monday and scheduled for a hearing on Tuesday. He was awaiting sentencing.
"The evidentiary record is such that it is more likely than not the case that all of Valle's Internet communications about kidnapping are fantasy role-play," U.S. District Judge Paul Gardephe in Manhattan wrote in the 118-page opinion.
The trial brought to light a macabre cyberspace community where millions of people discuss and exchange images and video of extraordinary brutality, much of it staged.
Federal public defenders had asked Gardephe to grant Valle a new trial, arguing the U.S. Constitution grants people the right to fantasize, free from government interference.
Gardephe upheld Valle's conviction on a lesser charge of improperly accessing a law enforcement database, which prosecutors said he used to help find his intended victim. That charge carries a sentence up to one year in prison.
Prosecutors said Valle crossed the line from fantasy to reality by taking specific action in conspiring to kidnap women. Valle's attorney had argued that he was merely engaged in online fantasy role playing. (Reporting by Eric M. Johnson and Jon Stempel; Editing by Bill Trott)
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