Frank, Juengel & Radefeld, Attorneys at Law
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Police claim Missouri man had child pornography on broken camera

Police are alleging that a man from Jefferson County had child pornography saved on a video camera that the man had sent for repairs. The man was charged with sex offenses after the allegations were filed with law enforcement.

According to police, the man had purchased the camera at a sporting goods store. When the camera stopped working, he shipped it out of state for repairs. Police say that employees at the place where the camera was shipped found inappropriate material on the camera.

Police then executed a search warrant at the man's home. Several computers were removed and the man was arrested. The man was subsequently charged with promoting child pornography, sexual exploitation of a minor, statutory rape and statutory sodomy. He was held on $250,000 bail.

Information provided by the police did not make clear the exact nature of the images found on the camera. It is important that the man's defense team carefully analyze the situation to see whether the claims made by the police and prosecutors hold up to serious scrutiny.

In particular, the defense will want to look at such things as when the images were downloaded, where the images were stored and any evidence found on the camera. After doing this, the defense ideally will be able to present a defense that is technically solid and can challenge the validity of the evidence.

Moreover, it should be kept in mind that the actual guilt or innocence of defendants is not determined until the conclusion of the trial, where the prosecution must prove each element of the alleged crimes beyond a reasonable doubt. Although information provided by the police may seem overwhelming, the defense will have an opportunity to present its side of the story. Very often, a case looks different from the perspective of the defense, which may allow for a favorable outcome to the trial.

Source: St. Louis Post-Dispatch, "Child porn found on Pevely man's camera he sent for repair," Leah Thorsen, July 11, 2012

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