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 © 2026 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

Eve Sweet Leads Dorcel's 'Couture No. 3'

Reigning Euro XMAs Female Performer of the Year Eve Sweet headlines the latest release from Dorcel, titled “Couture No. 3.”

AEBN Reveals Ariel Demure as Top Trans Star for 2025

AEBN has revealed its top 10 trans stars list for 2025, with reigning XMAs Trans Performer of the Year Ariel Demure landing atop the leaderboard.

YourPaysitePartner Rebrands as Paysite.com

YourPaysitePartner has officially been rebranded as Paysite.com.

SWR Data Announces 2026 'State of Creator' Winter Report

Adult industry market research outfit SWR Data has announced that it will release data from its annual State of the Creator survey at an XBIZ LA workshop, taking place at the Kimpton Everly Hotel.

Holly Randall Launches Marketing Firm, Signs Stripchat Deal

Holly Randall has launched her new marketing firm, Holly Randall Agency, and signed the agency’s first deal with Stripchat.

Agatha Vega Returns to Dorcel for 'Agatha's Secrets'

2024 Euro XMAs Performer of the Year Agatha Vega stars in the new Dorcel title “Agatha’s Secrets.”

2026 XBIZ Conference Speaker Lineup Announced

XBIZ is pleased to announce the release of the full speaker lineup for XBIZ 2026, the latest edition of North America’s largest adult industry conference, set to take place Jan. 12-15 at the Kimpton Everly Hotel in Hollywood.

Sarah Arabic, Ashlyn Peaks & Cali Sweets Star in Latest 'All-Girl Massage'

Sarah Arabic, Ashlyn Peaks, and Cali Sweets star in the latest installment of Adult Time series "All-Girl Massage."

Alexis James Makes Her Elegant Angel Debut

Alexis James has made her debut for Elegant Angel in a new scene titled “Fit For Anal.”

Clara Mia Leads Dorcel's 'Climax #5'

Multi-Euro XMAs winner Clara Mia headlines the latest release from Dorcel, titled “Climax #5.”

Show More