Transportation of Child Pornography

Q: What was the defense's soft plan B?

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.

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.


Location: Camp Zama, Japan	Rank: E-6
Charges: Possession and transportation of child pornography, Child sexual assault	Result: Not guilty on all charges and specifications