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OUTRIGHT ACQUITTAL ON FEDERAL CHILD PORNOGRAPHY CHARGES

Computer and Sex Crimes


Case:
State v. W.B.; Case No.: 08-14010-CR-GRAHAM (SDFLA)

Charges:
Transmission of Child Pornography; Possession of Child Pornography


Arresting
Agency:
Federal Bureau of Investigation
   
Defense:
The FBI in Fort Pierce served a search warrant on our client's home and a computer was seized. It took the FBI one year to complete it's forensic search on the computer. Thousands of images of children in sexually explicit poses and acts were recovered on the hard drive. Our client faced a mandatory minimum sentence of five years in prison. In reality, given the number and nature of the images found, he was looking at much more than five years under the advisory federal sentencing guidelines. Our client was in his sixties and was in poor health. He lived with his wife at the home where the computer was found. He was in the hospital on the day the search was conducted. The defense conducted a thorough investigation of the circumstances in the case. We hired a computer forensic expert to look at the computer and verify all of the relevant findings. It turns out that a close examination of the dates and times of the pornographic downloads were at a time when a third person occupied the home with our client. The defense announced ready for trial. During the trial, we were able to match exact dates and times with sworn testimony and school records showing that this other occupant could have been the person behind the keyboard when the child pornography was downloaded, viewed, and saved on the computer. We were also able to show that once this other occupant moved out, the pornographic activity on the computer came to a screeching halt. We kept the jury from viewing innocent, yet potentially prejudicial and irrelevant photographs of my client and his granddaughter. Our cross-examination of the FBI agents completely dismantled the government's case. We unabashedly called out the FBI and it's poor and incomplete investigation. They never saw it coming. After a week long trial that ended on a Friday afternoon, Brian Mallonee and his client sat across from two seasoned federal prosecutors and an FBI Agent awaiting the unanimous verdict.


Result:
Not Guilty on both counts.

 

See Court Documents
PDF


Case Results - Prior Results Do Not Guarantee A Similar Outcome. The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual case or situation.

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Brian Mallonee is a Criminal Defense Lawyer Serving
St Lucie, Indian River, Martin, and Okeechobee Counties

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