As much as
I believe that adults should be free to read and view materials of their
choosing in their own homes, I also believe that children need to be protected,
and accordingly, have zero sympathy for kiddie pornsters.
Vincent
Sparagano, who now stands charged with child pornography offenses, is, of
course, innocent until proven guilty (though the smart money says that Thomas Spota,
the District Attorney of Suffolk County, New York, and his ADA, Eric Aboulafia,
will ultimately make the charges stick).
Vincent is entitled to a zealous defense by counsel, regardless of how I
believe I will view him when the criminal case against him comes to resolution.
Peter E.
Brill, Esq., Sparagano's defense attorney, also seems to believe that his
client is entitled to a zealous defense, and accordingly, has requested copies
of the offending images allegedly viewed by Sparagano. Spota and Aboulafia have balked, claiming
that providing the graphics in question to Brill would be a violation of the
federal child pornography laws, and demanding that Brill come to a police
station to view them.
County
Court Judge Barbara Kahn ruled against the DA, but she placed some tight
restrictions upon the images in a protective order, reminiscent of the
conditions attaching to the classified military information I had occasion to
access in a prior position:
(1) Defense counsel and his
expert must sign copies of the protective order before the mirror image is
provided and file the original signed copies with the Court.
(2) Access to the mirror image
provided by the District Attorney by any person other than defense counsel and
his expert, including the defendant, must be authorized by Court order before
such access is given. A motion seeking such authorization must be supported by
good cause.
(3) The computer data must be
kept in a secure manner so that it is inaccessible to anyone other than defense
counsel and his expert.
(4) Defense counsel and his
expert shall access the computer data only as necessary for the defense of the
charges in this case.
(5) A copy of this protective
order shall be kept with the computer data at all times.
(6) No copies of the computer
data shall be made unless authorized by Court order. A motion seeking such
authorization must be supported by good cause.
(7) All transfers of the
computer data between the District Attorney, defense counsel and his expert
shall be in person. The computer data shall not be transported across state
lines (see 18 U.S.C. ยง2252).
(8) Any computer through
which the evidence is accessed shall be a stand alone computer, i.e., a
computer that is not connected to any other computer or to the Internet.
(9) Any computer through
which the computer data is accessed shall be cleansed of all traces of the
computer data upon entry of final judgment.
(10) The mirror image must be
returned to the District Attorney promptly upon conclusion of the trial, direct
appeal or other disposition of this case. Transfers of the computer data must
be in person at the offices of the District Attorney or to a law enforcement
officer authorized by the District Attorney to pick up the computer data and
deliver it to its offices.
(11) Notwithstanding the
entry of any order terminating this case, this Protective Order shall remain in
effect unless terminated by Order of the Court.
-- People
v. Vincent Sparagano, No. 02295/2012, County Court, Suffolk Co., 9 December
2013, [NYLJ 1202632802193]
As
mentioned, I detest child porn perverts, but even they must be accorded the
right to confront the evidence against them.
I respect Tom Spota (and before he became DA I had a case with his
partner), but even he needs checks and balances.
Labels: child pornography, criminal defense, evidence, right to confront witnesses
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