Counsel for Accused Lawyer Must Be Given Control of Claimed Child Porn
Defense counsel for an attorney and former New Jersey lawmaker accused in a child pornography case must be given access to the images allegedly found on Neil Cohen’s computers, a state appeals court has ruled.
Prosecutors had argued that Cohen’s defense team should only be allowed to view the evidence on state-controlled computers. But “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 in a written opinion yesterday.
The court imposed restrictions on defense counsel’s use of the images, and said they cannot be copied, distributed or used for any purpose other than the criminal case, reports the Associated Press. It also is requiring that the computer used to view the images not be set up for Internet access and that it be kept locked when not in use.
Court records indicate that as many as 62 pornographic images were found on the 11 computers seized from Cohen’s former offices, the news agency notes. Cohen has pleaded not guilty in the case and has rejected a plea bargain.
Cohen, who was known for spearheading anti-child-porn legislation as a New Jersey assemblyman, is accused of viewing, printing and duplicating pornographic images of underage girls on computers in his local legislative office. He is also accused of official misconduct.
Additional coverage:
Star-Ledger: “Ex-Assemblyman Neil Cohen admits viewing child porn, but pleads not guilty to charges”
