Lawyer for accused child sex assaulter loses pretrial bid for copies of alleged child porn

This is the link to an earlier article on this child sexual predator http://www.delcotimes.com/articles/2012/02/03/news/doc4f2bfb707b928869829202.txt?viewmode=fullstory. This is another story that is hard to understand. This child sexual predator abused a two year old and then posted the images on a child pornography site. He posed as a babysitter to get access to children. This is a link to a video of this story http://philadelphia.cbslocal.com/video/6701553-man-accused-of-sexually-assaulting-2-yr-old-girl/ in it you can hear his wife screaming for the media to get away from their house. She sounds pretty distraught. I wonder if she is concerned for the well-being of the child? I also wonder what makes someone stay with someone who would harm a child? He apparently has been babysitting children for a long time. I suspect there will be more victims/survivors.

This article is about the attorney for this child sexual predator who requested copies, mind you, copies of the alleged pornographic photographs of the child sexual abuse. Copies, I had to say it again because it is so mind boggling. Why would this attorney think he would get copies of child pornography? Doesn't he understanding that harboring and distributing child porn (aka child sexual abuse media) is against the law? He was turned down, as to be expected. He had requested this same thing earlier this year with the same result. He has permission to view them in front of the county detectives. Which is the same thing the judge earlier this year told him. I think he is trying to manipulate the law. If he can get the court to give him copies of the "alleged" child sexual abuse media wouldn't the court then be in violation of the law? Then wouldn't the lawyer be in possession of said pornography? Again breaking the law. I'm not sure this lawyers strategy but he may want to re-think it. I don't think he is going to win this argument. I think he needs to sit down with the county detectives and review the states evidence against his client. I will continue to follow this story and keep readers updated. Rosie

• By CARL HESSLER Jr.
  chessler@journalregister.com
• Posted: 05/25/12 06:50 pm

COURTHOUSE — A lawyer who represents an accused Norristown child sex assaulter has lost his bid for copies of the alleged pornographic photographs of the assaults that were seized from the defendant’s home computer.

Montgomery County Judge Garrett D. Page on Friday advised defense lawyer George S. Yacoubian Jr., who represents Gary Romano, who is accused of sexually assaulting a 2-year-old girl, and prosecutors to “coordinate a date and time” when Yacoubian can view the photographs in the confines of the county detective bureau.

“This motion is denied to the extent that Mr. Yacoubian will not be permitted to receive a copy of the child pornography images at issue in this case,” Page wrote in the court order.

Yacoubian had argued that state rules of criminal procedure governing pretrial matters entitle him to obtain copies of the photographs of the alleged child porn seized from Romano’s computer in December 2011. 

But Assistant District Attorney Abby Silverman argued that Yacoubian is not entitled to possess copies of what she claimed is child pornography. Silverman maintained that copying the images of child porn allegedly confiscated from Romano’s computer and turning copies over to Yacoubian could be considered disseminating child porn, which is against the law.

Silverman, citing federal laws dealing with child victim’s rights that prohibit the copying or duplicating of child pornography by authorities, said the images should remain under the control of prosecutors who should not be forced to give the images to the defense.

Silverman argued that if prosecutors are required to distribute copies of child pornography in every case, there will be no way to make sure the child victims are protected.

“The commonwealth’s position is that forcing us to copy, reproduce and then release those photographs is essentially victimizing the child all over again,” Silverman said on Friday.

Yacoubian made the request despite losing an identical motion earlier this year when county Senior Judge S. Gerald Corso turned down his request for copies of all photographs and videotapes allegedly seized from the Schwenksville home of accused child rapist Barry McOwen, who Yacoubian also represents. That ruling meant Yacoubian and McOwen, 67, can still review the materials at their convenience, during trial preparation, as long as it’s done at the county detective bureau under the supervision of detectives.

Silverman indicated prosecutors have given Yacoubian the same opportunity to review the alleged child porn confiscated from Romano as long as the images remain in the custody of county detectives.

http://www.timesherald.com/article/20120525/NEWS01/120529620/lawyer-for-accused-child-sex-assaulter-loses-pretrial-bid-for-copies-of-alleged-child-porn