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NJ: Defense counsel has right to access child porn evidence in case without using the government's computers

By John Wesley Hall, Jr.

New Jersey has held that defense counsel has a right of access to child pornography, under strict controls, to evaluate it in child porn case. See AP: Ex-NJ lawmaker's lawyer can access child porn pics: Prosecutors objected to letting Cohen's team have control of the photos, claiming that releasing them could further victimize the children and create a risk that the images could be further disseminated. They argued that the defense should be able to view the images, but only on state-controlled computers. The court rejected that idea, saying it could stifle the defense's efforts to analyze the evidence. "The need for defense counsel to have unfettered access to the images and the need for defense experts to maintain anonymity will be compromised by the presence of the state representative who controls the computer," the court said...continue to full post

Full post as published by Law Of Criminal Defense on July 03, 2009 (boomark / email).