Lawyers Cry Foul Over Adam Walsh Amendment to 2257

RICHMOND, Va. — Computer forensic experts and an attorney who handles obscenity cases have testified in court that a new federal law makes it difficult for them to defend clients accused of downloading child pornography.

Lawyers for David Knellinger have asked U.S. District Court Judge Robert Payne to strike down a provision in the Adam Walsh Child Protection and Safety Act, which President Bush signed last July.

The provision prevents lawyers and forensic experts from obtaining copies of child porn contraband that would assist in preparing their client’s defense. Existing conditions force lawyers and forensic experts to work in government laboratories.

“An expert likes to work in his own laboratory,” attorney H. Louis Sirkin, an expert witness in the Knellinger case, told XBIZ. “If he can’t do it in his own laboratory, he simply won’t get involved. They also like to use their own equipment and the cost of simulating that in a government laboratory would be astronomical.”

Sirkin explained that experts need to study the contraband videos to learn whether they are real or virtual.

“You have to do a mirror digital image, and you have to compare it,” Sirkin explained. “They have to go through variations to learn whether it’s a virtual child or a real child, when it was downloaded and other things. So it’s not just a matter of turning a switch and taking a look at a picture.”

Sirkin added that the Supreme Court has indicated that a virtual image of a child is not child pornography, and therefore is not a crime.

The provision of the Adam Walsh law under attack in the Knellinger case states that the child pornography material cannot be viewed outside the control of the government, according to Sirkin.

“Equal justice for all means equal to the defendant as well as the government,” Sirkin said. “We should all be playing on the same ground. We want to view the evidence in the same uninhibited environment that the government has.

“But somewhere in the Department of Justice, they don’t want equal justice. They want one-sided justice, and I don’t know where that lesson has been lost.”

Knellinger is charged with four counts of receiving child porn, and one count each of possession and attempted distribution.

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Isa Bella, Selena Ivy Topline 'Lesbian Sex 28'

Isa Bella and Selena Ivy headline the latest release from Girlfriends Films, titled “Lesbian Sex 28.”

Catherine Knight Stars in Latest From Brazzers

Catherine Knight stars in the latest release from Brazzers, titled "GRWM (To Fuck)."

Federal Appeals Court Vacates FTC 'Click to Cancel' Rule Pending Review

The U.S. Court of Appeals for the 8th Circuit on Tuesday vacated the Federal Trade Commission’s “click-to-cancel” rule aimed at making it easier for consumers to cancel online subscriptions, pending further review.

Elegant Angel Premieres Nicole Kitt Showcase 'Cats Eye'

Nicole Kitt gets the spotlight in a new four-part showcase release from Elegant Angel.

Private Releases 'The Love Hotel 2'

Private has released “The Love Hotel 2,” directed by Dave Menich.

Ember Fiera, Jesse Pony Headline 'TS Girls Do It Best' Sequel From TransSensual

Ember Fiera and Jesse Pony topline the sequel to “TS Girls Do It Best” from Mile High Media studio imprint TransSensual.

Khloe Kapri, Melissa Stratton Topline 'Lesbian Trainer 3' From Sweetheart Video

Khloe Kapri and Melissa Stratton headline the third volume of “Lesbian Trainer” from Mile High Media studio imprint Sweetheart Video.

NYC Adult Stores Lose Challenge to Zoning Law, May Face Relocation

The U.S. Court of Appeals for the 2nd Circuit on Tuesday upheld a lower court’s decision to allow enforcement of a 2001 zoning law aimed at forcing adult retail stores out of most parts of New York City.

FSC Drops Florida AV Lawsuit in Wake of SCOTUS Decision

A U.S. district court judge granted on Tuesday a motion by Free Speech Coalition to dismiss the trade association’s lawsuit over Florida’s age verification law, a case that had been on hold pending the Supreme Court’s recent ruling on the constitutionality of state AV laws.

Gal Ritchie Toplines Dorcel's 'Pigalle'

2025 XMAs winner Gal Ritchie stars with Clara Mia in the latest feature from Dorcel, titled “Pigalle.”

Show More