Possession and Transportation of Child Pornography, Child Sexual Assault Charges | Case Results

Case Results

  • Not guilty on all charges and specifications

Location

  • Camp Zama, Japan

Branch of Military and Rank 

  • E-6

Charges:

Maximum Sentence:

  • DD
  • 40 years confinement
  • Total forfeiture
  • Reduction to E-1
  • Federal felony conviction
  • Sex offender registration

Our client was charged with possession and transportation of child pornography and child sexual assault, which had allegedly occurred over an eight-year period. The government refused to provide the defense with computer-based evidence, citing the Adam Walsh Act.

Defense later won a motion declaring the Adam Walsh Act unconstitutional as applied, and subsequently received all evidence.

With assistance from computer forensic experts at Cyber Agents, Inc., the defense relentlessly cross-examined the government’s expert witnesses regarding evidentiary specifics. The defense then employed a “soft plan B” when questioning the child victim by implying, through cross-examination of her and other government witnesses, that she may in fact have been the individual who actually downloaded the child pornography onto the computer.

Client was fully acquitted – not guilty on all charges and specifications

Result: 

  • Not guilty on all charges and specifications
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