find the latest legal job
Corporate/Commercial Lawyers (2-5 years PAE)
Category: Corporate and Commercial Law | Location: Adelaide SA 5000
· Specialist commercial law firm · Long-term career progression
View details
Graduate Lawyer / Up to 1.5 yr PAE Lawyer
Category: Personal Injury Law | Location: Brisbane CBD & Inner Suburbs Brisbane QLD
· Mentoring Opportunity in Regional QLD · Personal Injury Law
View details
Corporate and Commercial Partner
Category: Corporate and Commercial Law | Location: Adelaide SA 5000
· Full time · Join a leading Adelaide commercial law firm
View details
In-house Legal Counsel & Commercial Lawyers
Category: Corporate and Commercial Law | Location: All Sydney NSW
· Providing lawyers with flexibility and control over when they work, how they work and who they work for.
View details
In-house Legal Counsel & Commercial Lawyers
Category: Corporate and Commercial Law | Location: All Melbourne VIC
· Providing lawyers with flexibility and control over when they work, how they work and who they work for.
View details
Self-represented defendant causes outrage

Self-represented defendant causes outrage

In a blatant case of law gone mad, an American prisoner accused of child molestation has been allowed to view videos he made of the abuse while sitting in his jail cell.Why, you quite rightly…

In a blatant case of law gone mad, an American prisoner accused of child molestation has been allowed to view videos he made of the abuse while sitting in his jail cell.

Why, you quite rightly ask? Because he's his own lawyer and therefore has the right to review evidence for his impending trial.

The Associated Press reports that authorities in Washington have expressed their outrage at the situation. "The whole thing is just dirty," said Pierce County Sheriff's Detective Ed Troyer.

The fact that the accused is allowed to view the videos results from a 2007 Washington Supreme Court ruling which states that upon request, prosecutors must give defence lawyers copies of evidence used to support child pornography charges.

The court's 8-1 decision said that granting copies of the materials was essential in order that defence lawyers, their investigators and defendants could seek to challenge the evidence.

The Supreme Court established guidelines for handling the material, including that it should only be shown to defendants under the supervision of counsel.

The glaring problem in this case is that the defendant is counsel.

Nevertheless, the judge in this particular matter has allowed the defendant/counsel to view the materials at the jail, albeit barring him from being alone when he does so.

Under the judge's directions, he must watch the videos in a room visible to prison officers, and the jail requires him to adjust his computer screen so other inmates don't see.

But according to prosecutors, these rules don't take away from the absurdity of the situation.

"We have to disclose when we intend to introduce cocaine in a drug case, but we don't give the defendant a kilo to take home and check out," said Pierce County Prosecutor Mark Lindquist. "It is not necessary for the defendant to view the child porn himself to assist in his defence."

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

Self-represented defendant causes outrage
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Dec 18 2017
Summer in the city
Across Australia, a number of law students have kicked off their commercial law aspirations with the...
microscope
Dec 18 2017
‘Exorbitant legal fees’ under government microscope
With the growing number of class action proceedings in Australia, the government is looking at how ...
Funds, money, cash
Dec 18 2017
Law Access WA receives welcome funding
Law Access Western Australia has received a grant from the state government to fund its pro bono leg...
APPOINTMENTS
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
opinion
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
Help
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...