Accused Molester Given Access to Child Pornography in Case Against Him
Filed under: In The News, Weird But True
That means he gets to watch the hundreds of child pornography videos police seized from his home.
The Washington Supreme Court ruled defense attorneys must be allowed to review the evidence against their clients. A judge ruled that right applies to people representing themselves, so Gilbert gets to curl up with his videos.
Pierce County Prosecutor Mark Lindquist is not happy about this.
"In my 16 years as a prosecutor, this is one of the most absurd and maddening results I've ever heard of, and this is the first time I'm aware of this happening in Pierce County," he tells ABC News. "We don't have to turn over the guns used as evidence for a defendant ... and it's absurd that we have to turn over the child porn as evidence."
ABC News reports Gilbert even appears in several of the videos. He is accused of child rape, child molestation and sexual exploitation of a minor following incidents in 2007. The older brothers of two of the alleged victims called the police on him.
Gilbert allegedly lured boys as young as 12 to his Lake Tapps home near Seattle after providing them sea-plane, boat or helicopter rides. ABC News reports witnesses claim the 50-year-old man gave the boys alcohol and spanked their bare buttocks and (in several cases) engaged the teens in masturbation, oral sex and anal sex.
According to ABC News, authorities found a stash of pornographic videotapes and DVDs depicting 250 scenes involving 40 individuals, including one of a boy who was 12 years old. Police also allegedly found a cassette tape on which Gilbert described his spanking fantasies in addition to a variety of sex toys, paddles, blindfolds, spanking devices and two handguns.
And this is a guy who gets to watch child pornography?
"Make no mistake. I don't like it. But it is not my choice whether to do it or not to do it," Pierce County Sheriff Paul Pastor tells ABC. "There's no question that I don't like it, no question that this makes me grind my teeth."
What can be done about it?
"This is a law that needs to be fixed," Lindquist tells ABC. He adds he is not only appealing the judge's ruling but taking the issue to the Legislature.











ReaderComments (Page 1 of 1)
7-14-2011 @ 6:13PM
Mrs. Medina-Davis said...I think this is disgusting. I was a victim of child molestation for many years and to read this story makes my skin crawl. The thought of this man viewing these videos over and over again and what kind of pleasure it must give him sickens me!!! I know it's the law but for what reason does this man Really need to look at these right now?? Really? I mean he knows what he did and what he recorded, this man is sick and twisted I hope that he gets locked up for a very very long time! I pray for the victims and their family's
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7-14-2011 @ 8:28PM
menda said...Make no bones about it, IF this guy is found guilty and I believe he is, though he has not been proven so in court... YET. He DOES have the right to ANY and ALL "exculpatory evidence" in his SELF Representation. By our very CONSTITUTION he has this RIGHT! We CANNOT just KEEP changing laws or adding laws to suit "certain" cases, crimes, people/victims. IF we keep doing this EVERYTHING will be against the law. And, we already have a HUGE failure of our system in this matter. There are INNOCENT young males being sent to prison for HUGE amounts of time. In some cases more then serial murderers. All for ACCIDENTLY receiving child porn images while using peer to peer file sites. These males are simply trying to swap/get MUSIC/video music files for Ipods and the like. They instead have gotten the CP. And, EVEN WHEN they open the file and see what it is, DELETE the images, it's STILL ON THE HARD DRIVE! The police are FULLY aware of this and untilizing the law that is MEANT to take THIS scumbag down, and using it to put these kids in prison instead. Why? Because truly innocent people of this do NOT know HOW to deal with this issue, and they don't "hide" themselves because they don't know how or why to for something that is innocently done! Unlike ALL child pornographers and real pedophiles who KNOW how to hide themsleves online, by using certain means and I won't say what all those are. But, THIS IS being reported to the public as "taking another pedophile off the streets". Even though most ALL of the young men who have this happen to them, NEVER have been in trouble with the law, are in HIGH SCHOOL, are virgins, not computer savvy enough, etc. But, the public WANTS the hear that these "scumbags" are being put away Well ,since it's too hard t oget the real culprits, Law enforcement has found taht this is the next best way of getting that job done. And, they USE the law MEANT for this guy, Gilbert and others against the truly innocent. And, there is NO WAY OUT! These males mostly all take plea deals forced on them BECAUSE this issue is pulling at emotions and no jury will acquit them. They also are told if they dont take the deal they will charge them for every single one that ends up on the computer HD, deleted or not. UNOPENED, etc. Just having ONE file is a mandatory 5 YEAR Sentence(Federal law). And, they will also be considered sex offenders FOR LIFE! Their lives are being ruined over this-- ACCIDENT! And, what do we do? We play this game of well we nned ot make more laws. NOW WE DONT! What needs to be done is the PROPER disperment of the laws and holding to account those that are in true violation. Not one's who are guilty simply by incidental contact of such. If you don't think this is going on jsut look up "LIMEWIRE AND CHILD PORN". It will tell you EXACTLY what is going on with these poor kids versus actual sickos.
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7-15-2011 @ 4:33PM
Dave said...This gentleman is accused of crimes, not convicted of them. He has the right to defend himself in court, either on his own or through a lawyer, and obviously he has to be able to review all the evidence against him. How can he object to it, challenge it, have it reviewed by an expert, and so on, if access is denied to him?
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