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.