Jul 2, 2009 3:16 pm US/Eastern
Ex-NJ Lawmaker's Lawyer Can Access Child Porn Pics
TRENTON (CBS) ―
Prosecutors must turn over copies of child pornography to a former New Jersey assemblyman's lawyer, a state appeals court ruled Thursday.
Neil Cohen, who as an Assemblyman championed bills aimed at fighting child pornography, is accused of using computers in his local legislative office to view, print and duplicate images of underage girls simulating or engaged in sexual acts.
As part of the pretrial discovery process, where attorneys must make evidence available to the other side for review, Cohen's legal team sought to examine the pictures authorities found.
According to court records, 11 computers were seized from Cohen's offices and as many as 62 potentially pornographic images were discovered.
At issue was whether prosecutors should be allowed to maintain control of the evidence while it is being reviewed and tested by the defense.
Prosecutors objected to letting Cohen's team have control of the photos, claiming that releasing them could further victimize the children and create a risk that the images could be further disseminated.
They argued that the defense should be able to view the images, but only on state-controlled computers.
The court rejected that idea, saying it could stifle the defense's efforts to analyze the evidence.
"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.
The court said the defense team had a right to have the evidence, so long as it complies by certain conditions.
The material cannot be "copied, reproduced, distributed, disseminated, electronically stored and/or electronically uploaded or downloaded or used for any purpose other than the prosecution or defense of this action," according to a court order.
Also, the defense must use a non-networked computer -- without Internet access -- to view the materials and keep the dedicated computer locked and secure when not in use. Only hand-to-hand delivery of the images is allowed, and only defense attorneys and experts hired by them can view the evidence; Cohen is allowed to see the images, but only in the presence of his lawyers.
Cohen, a Roselle attorney, faces up to 30 years in prison if convicted of official misconduct and child pornography charges.
Prosecutors say Cohen has acknowledged viewing child porn, but rejected a plea bargain. He has pleaded not guilty and remains free without bail.
A call to Cohen's cell phone went unanswered Thursday; the voicemail was full and no message could be left. A message left for his attorney, Daniel McCarthy, of Cranford, was not returned.
Cohen, who rose to the level of deputy Assembly speaker, resigned his seat in July 2008 following the child porn allegations. After giving up his Assembly seat, Cohen checked himself into a psychiatric hospital.
Cohen served in the Assembly from 1990-91 and from 1994 to 2008.
Cohen, who is single, practiced law in a Montclair office he shared with Sen. Nia Gill, (D-Essex).
Dr. Tod W. Burke, a criminal justice professor at Radford University in Virginia and a former Maryland police officer, wasn't directly knowledgeable about the Cohen case, but said generally someone addicted to Internet pornography is no different than someone addicted to alcohol and drugs. He said it also doesn't matter whether someone holds an important position.
"Sometimes those who develop programs or create legislation have greater knowledge concerning the issue at hand," he said. "As a result, the person gets a bit sloppy assuming that he or she will not get caught. After all, who better to know their way around the system than the person who is a part of the system?"
If convicted of the most serious counts, Cohen could be sentenced to more than a decade in prison and $150,000 in fines.
(© 2009 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)
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