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

Blake Blossom, Romi Rain & Ophelia Fae Star in Latest From Girlsway

Blake Blossom, Romi Rain, and Ophelia Fae star in the latest release from Girlsway, titled "Downward Temptation."

AEBN Publishes Popular Searches for March, April

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

Tiffani Time Fronts Latest From Kink.com

Tiffani Time stars with director John Paul “The Pope” in the latest installment of Kink.com’s "Device Bondage" series, titled “Taken Down a Notch.”

Eris Jolie, Athena Parisi Star in Latest From TGirls.Porn

Eris Jolie and Athena Parisi star in the latest release from Grooby paysite TGirls.Porn, titled "Pool Day Date."

Leilani Li, Olivia Jay Lead Latest From TransAngels

Leilani Li and Olivia Jay star with King Noire in the latest release from TransAngels, titled "Deep Dive."

Tubes Booster Debuts New 'One-Click Update' Web Hosting Solution

Content management platform Tubes Booster has launched its new One-Click Update web hosting solution.

Ofcom Investigates Two Sites Over Possible AV Violations

U.K. media regulator Ofcom on Wednesday launched investigations into two adult sites as part of its age assurance enforcement program under the Online Safety Act (OSA).

Cami Strella, River Lynn Front Latest From New Sensations

Cami Strella and River Lynn star in the latest release from New Sensations.

Vixen Drops Cross-Site Feature 'Pull'

Vixen Media Group has released “Pull,” a five-part, cross-site feature with scenes presented by its studio websites Vixen, Blacked, and Tushy.

Brazzers Launches Model Management Division 'Brazzers Creator'

Brazzers has launched its new full-service model management division, Brazzers Creator, offering content management services across multiple platforms.

Show More