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

Chloe Lin Makes Makes Her Adult Debut With TeamSkeet

Chloe Lin has made her adult debut alongside Wendy Raine in the latest release from TeamSkeet.

XBIZ 2027 Hotel Room Booking Now Open

Hotel booking is now open for XBIZ 2027, giving attendees the opportunity to secure their stay at the host venue, JW Marriott L.A. Live.

FSC Case Against Tennessee AV Law Can Go Forward, Court Rules

A U.S. district court on Tuesday denied the Tennessee attorney general’s motion to dismiss a Free Speech Coalition lawsuit challenging the Protect Tennessee Minors Act as unconstitutional.

AEBN Publishes Popular Searches for July, August

AEBN has published the top search terms for July and August from its straight and gay theaters in all 50 states and the District of Columbia.

Jennifer White, Kate Dalia Headline Latest Volume of 'The Voyeur' From Sweet Sinner

Reigning XMAs Female Performer of the Year Jennifer White and Kate Dalia topline the seventh volume of “The Voyeur,” the latest release from Mile High Media studio imprint Sweet Sinner.

2027 XMA 'Fan Favorite' Pre-Nominations Period Now Open

XMA event organizers have announced that the pre-nomination period for Fan Favorite categories for the January 2027 ceremony is now open.

California Legislature Passes Stricter UGC Rules for Adult Sites

A bill to impose tighter compliance standards for user-generated content (UGC) on adult websites has been approved by the California state legislature and now awaits the governor’s signature.

CollabGPS Rolls Out 'Verification Badge' Update

CollabGPS has launched a badge system for user verification.

Tiffani Time Fronts Latest From Kink.com

Tiffani Time stars with Cody Arizona in the latest release from Kink.com’s “Divine Bitches” series, titled “Muscle Match Up.”

Rachael Cavalli Leads Latest From Girlsway

Rachael Cavalli stars with Charlie Forde, Summer Kline, and Coco Lovelock in the latest Girlsway release, titled “A Romantic Time for the Whole Fam.”

Show More