How would you feel if a person put away for a sexual offense against a minor child but was allowed to view the pornographic materials he made while committing the crime? Accused sex offender Marc Gilbert, because he is acting as his own attorney, is being allowed to view the footage he allegedly made during his crimes while he prepares his case.
This created a great deal of outrage out here in Washington and State Senator Mike Carrell (R-Lakewood) is planning on introducing legislation that would prevent this from occurring in the future. But this effort might run into some Constitutional issues. A defendant and their attorney have a right to see all materials that are going to be presented in the case. In this particular instance, it is the video Gilbert shot.
While I am personally very disturbed by Gilbert being allowed to view this material, I am having a difficult time with the legality of not allowing the evidence to be viewed by the representation. There has to be smarter people than me running around out there that might be able to somehow prevent a guy like Gilbert from getting his hands on this kind of stuff, while protecting his rights.
If any of you that read my blog have legal experience, your input would be most valuable.