Lawyers Want Access to Pornography to Represent Defendants
Nov. 6, 2006
WDBJ--Richmond News

RICHMOND, Va. Computer forensic experts and an attorney who handles a lot of obscenity cases testified in Richmond today that a new federal law would make it difficult for them to work for defendants in child pornography cases.

Lawyers for David Knellinger (NELL'-in-jer) of Richmond want U-S district Judge Robert Payne to strike down a provision in the Adam Walsh Child Protection and Safety Act, which President Bush signed in July.

At issue is a provision that prevents lawyers from obtaining copies of child porn contraband to assist them in preparing their client's defense. The provision says the government must make the evidence reasonably available to the defense -- it just can't be taken off government property.

Two technology experts testified that the restriction would impede communication, and that it would be too expensive to move their equipment to a government-controlled facility.

Attorney H- Lewis Sirkin of Cincinnati testified it would be difficult to find experts willing to work for defendants under the new restrictions.

Knellinger is charged with four counts of receiving child porn, and one count each of possession and attempted distribution.




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