Sexual Exploitation of a Minor (child porn)

[jpye]

My question involves criminal law for the state of: Tennessee

The man I have been with for the past 7 years (except we were not together when all of this occurred), was found guilty of two very serious charges last week. The first is aggravated stalking (he sent a 17 year old flowers, etc.. anonymously!!!), but the big one is sexual exploitation of a minor. Child pornography on his computer that he was NOT aware of. Two cops came to his apartment and made him sign a "search waiver" and they took the computer. The big thing is that they accessed the files on the computer (from the jail I assume), so therefore the timestamps are different and files were accessed & changed AFTER the computer was seized. The cop admitted to it on the stand. I believe they should of made a copy of the harddrives and sent them off to be analyzed. They showed every single picture/video to the jury. Seemed to be based more on emotion than logic. His lawyer is a piece of crap and did not defend him at ALL during the trial. It was a joke. He did not object to the computer being admitted as evidence. He pretty much didn't object to anything, and he should of done so many many times.

We have no idea where to go from here. First, we definitely need another criminal defense attorney who is excellent and knows what he is doing. We aren't sure how to go about finding someone who can really defend him and do a good job and know what they are talking about. Does anyone know??? I was thinking we would motion for a mistrial before going the appeal route. I really have no idea, but we don't know where to find the best lawyer.

Can someone please offer some advice?

Thank you.

[legalguy]

Let me get this straight; the man had child porn on his computer and you're claiming it's the police who were looking at it? Ofcourse the timestamps of when they were accessed were changed since the police had to view it to see if it was or was not child porn. You would be surprised what some people do in their own privacy.

[uns007]

I think the police had no right to go through his computer.

[JEpstein]

Let me get this straight; the man had child porn on his computer and you're claiming it's the police who were looking at it? Ofcourse the timestamps of when they were accessed were changed since the police had to view it to see if it was or was not child porn. You would be surprised what some people do in their own privacy.

There is a last accessed date and a date created. If the date created was after the seizure this reeks of police corruption. Because of the emotional bias against such defendants or most defendants I wouldnt doubt it at all. As far as finding an attorney in your area just keep browsing the net till you find one in Louisiana whom you trust.

To be honest tho, after trial it is an uphill battle but if your correct it may be a battle well worth fighting. Good luck.

[LawsuitLawyer]

I think how can a police search his personal computer.

[anny3]

I think the policeman had no right to go through one's personal computer.

[conorg]

The police had no right to search his computer