Massachusetts Man Arraigned in Newburyport on Charges of Possession of Child Pornography, Unlawfully Videotaping People in the Nude
David Anderson of Salisbury, Massachusetts has been charged with Possession of Child Pornography and Unlawfully Videotaping Persons in the nude. According to a report in the Lawrence Eagle Tribune, Anderson's former wife found nude video pictures of unsuspecting young female relatives. The girls were between the ages of ten and thirteen. She contacted police in Newtown, Connecticut, a town where Anderson also resides. The police in Connecticut contacted the Salisbury, Massachusetts police who in turn applied for and obtained a Search Warrant. According to authorities, computer hard drives were seized and analyzed. On them are thousands of images of young women. The women came into contact with Anderson through internet advertisements offering money in exchange for internal examinations. The examinations consisted of digital intrusions that were photographed. Anderson's activities might have occurred over the course of several years. The case in now pending in the Newburyport District Court but will likely be prosecuted in the Essex County Superior Court in Salem. Anderson has a pending Child Pornography case pending in another state.
Child Pornography Possession Attorney in Massachusetts
So how would a Massachusetts Criminal Lawyer defend a case like this one? The answer is pretty simple. Get the search declared unconstitutional and it is unlikely that the prosecution will be able to go forward with its case. How likely is that? Well, that all depends on how well the affidavit in support of the Search Warrant was written. In cases like this one the credibility of the person providing law enforcement the initial incriminating evidence is at issue. In this case that person is Anderson's former wife. Since she is not identified as a "confidential informant" the standard for determining her credibility is somewhat relaxed. She receives an enhanced status when her credibility is being evaluated. One Massachusetts case stated that someone who witnesses a crime should be deemed reliable without needing to show prior reliability. In this case there should be a caveat to that. One can reasonably conclude that a former spouse's credibility might be in doubt where the relationship is shown to be hostile. Thus, there would need to be independent corroboration to the allegations made by Anderson's wife in this case.
This article suggests that Anderson might have additional problems developing in the near future. The police are trying to identify the women whose images were taken during the "examinations". As they come forward I would expect the charges to mount along with the strength of the district attorney's case. Defending this case is not going to be an easy task and the consequences of a conviction will likely implicate a jail sentence.