Subscribe in a reader

ISSAQUAH LAW GROUP   PERSONAL INJURY LITIGATION LAWYERS

Issaquah Law Group - Injury Litigation Attorneys

TRUST: Personal injuries are personal. Which is why the attorneys at ILG treat every client and every case differently. Because they are different, and extremely personal. ILG was founded on the principle that strong client relationships are the key to successful legal representation and strong relationships are built on trust. Trust that you will be heard. Trust that you will be protected. Trust that every effort will be made to see justice done in your case. The singular goal of every ILG attorney is to earn and preserve that trust.

EXPERIENCE: ILG attorneys have a broad base of litigation experience to draw on in all Federal and State courts from on-the-ground investigations to Supreme Court appeals and we bring this experience to bear on behalf of our clients in personal injury and wrongful death claims arising out of motor vehicle accidents, bus versus pedestrian accidents, defective and dangerous products, medical malpractice, slip/trip and fall accidents, and catastrophic losses due to fire.

LOCATION: We are located on the Eastside in Issaquah, convenient to Bellevue, Redmond, Kirkland, Renton, Sammamish and North Bend. However, we provide legal services in King County, Pierce County, Snohomish County and throughout the entire state of Washington.

In addition, through The Amateur Law Professor Blog and LinkedIn postings, we share pertinent opinions and decisions of the Washington State Supreme Court, as well as the pertinent opinions and decisions of the Washington State Courts of Appeal so that our clients can be as update to date on cutting legal issues as we are.

WA Supreme Court: Access to Evidence Includes Child Porn Drives

State v. Grenning

 

NewImage.jpg

Grenning is by no means a good guy, charged with 72 counts of child sex crimes. 20 of those were related to child pornography. As part of his defense, Grenning's attorneys wanted to have the drives looked at, and asked for a mirror of the drives. The State said no go, that the attorneys and the expert could look at them at the county building during certain hours and only with county software and hardware. Needless to say, it took a bit to find any expert who would look at it under these circumstances. The expert they found wanted to of course use his own lab, for several reasons:

[F]orensic analysis of the copies of seized media is a detailed process  entailing the use of specialized hardware and forensic software designed to allow bit-by-bit search and review of the media being studied. This analysis must be performed in a manner that ensures that the media is not changed in any way during that analysis.

Additionally, this would expose the defendant's experts to supervision by the State, which is a violation of work product.

Based on the court not modifying the original order, this expert declined as well.

Recently, the standard was set in State v. Boyd, 160 Wn.2d 424, 158 P.3d 54 (2007), which held that mirror images of the drive was appropriate. Boyd held that this fell under the mandatory disclosures of CrR 4.7(a)(1)(v) (production of tangible objects, photographs, etc.). A quote from Boyd sums it up nicely:

[A]dequate representation requires providing a "mirror image" of that hard drive, enabling the defense attorney to consult with computer experts who can tell how the evidence made its way onto the computer. Forensic review might show that someone other than the defendant caused certain images to be downloaded. It may indicate when the images were downloaded.  It may reveal how often and how recently images were viewed and other useful information based on where the images are stored on the device. Expert analysis of the application or program used to acquire the images may be useful. Providing a copy enables the expert to test that application or program using the same type and version of computer operating system as was used by the defendant, a difference that may alter how the program runs, stores data, and so forth. Analysis may also reveal that the images are not of children. This analysis requires greater access than can be afforded in the State's facility.

Subscribe in a reader

Copyright 2014-2018 by Issaquah Law Group, PLLC. Powered by Squarespace. Background image by jakeliefer.