Case Conclusion Date: 05.29.2009
Practice Area: Military Law
Outcome: Full Acquittal
Description: Camp Zama, Japan: E-6 – May 2009 Maximum Sentence: DD, 40 years confinement, total forfeiture, reduction to E-1, Federal felony conviction, sex offender registration Our client was 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 ACQUTTED – NOT GUILTY ON ALL CHARGES AND SPECIFICATIONS.