People v DC

Lawrence B. Shulman

Case Conclusion Date:April 24, 2008

Practice Area:Criminal Defense

Outcome:Complete Dismissal of Charges before Trial

Description:Our client was charged with possession of images from the internet, which the prosecution deemed to be child pornography. We were ready to confront that conclusion, as to the nature of the photographs, at trial with the aid of a team of expert witnesses. We never had to implement that strategy, however. Instead, we struck two hard blows to the prosecutor's case right out of the gate: First, with the aid of several experts that we use in computer cases, we were able to convince the court that the prosecutor's computer expert was unqualified to render an opinion as the source of the photos, or when, how and who downloaded them (even though the witness had been recognized as an expert witness by other judges in the same court). Second, we were able to show that our client's computers were seized pursuant to a search warrant which contained multiple misleading statements, falsehoods, and omissions. As a result, the Court suppressed the evidence obtained from the computers, resulting in a complete dismissal of the charges. Often, a prosecutor would appeal such a dismissal. In this case, after showing the prosecutors the uphill battle they would face regarding their forensic expert, as well as our strategy in confronting the contents of the photographs head-on, the prosecution decided to let the dismissal stand without further challenge. A conviction on the charges would have resulted in a prison sentence and the lifetime branding of our client as a sex offender. Instead, our client was able to regain his life and provide for his family.