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A legal loophole is allowing a Washington state man accused of child sex crimes to view child pornography in jail.
Weldon Marc Gilbert is acting as his own lawyer in the case, and that means he's entitled to review the evidence.
The evidence in the case includes more than 100 videos seized from Gilbert's Lake Tapps home after his 2007 arrest. Authorities say some of the footage was shot by Gilbert.
The materials normally would be contraband at the Pierce County Jail, but restricting Gilbert's access to the videos could result in a mistrial, the station reported Wednesday.
source
"We don't want to do it, but we have to follow the law," Pierce County prosecutor Mark Lindquist said. "The fix here is to change the law."
While I agree this particular situation is difficult to stomach, Compelling him to have legal representation is denying him of the right to fully represent himself. That being said, this man is no lawyer (I think), and I suspect he's already screwed by the evidence against him. We can only hope and pray this man gets the maximum sentence.
Originally posted by silo13
reply to post by Inquisitive1
He can be compelled to have legal representation - who can be repsponsible for viewing evidence such as this - but still represent himself in court.
Their rights should likewise be preserved. Listen, I am not without sympathy for these families and their loved ones. I understand the unwillingness to allow this low level life form near the very ones he's accused of harming, But such is the law, and this man has the right to do so. Taking that away from anyone is a crime in an of itself. This man should be handcuffed, and watched constantly during this process, and I'm sure he will be. There are various other methods one can ponder up to keep him away from direct contact and still allow him to exercise his right. A live speaker phone conversation comes to mind. Bottom line: The rights of all involved need to be protected and upheld. And there is a way to do so without abolishing those rights.
And if you think about it? What about the rights of the victims and their families? This give s him the right to contact the victims and family! That's obscene!
Originally posted by isitoveryet
Im going to swallow my anger on this one and trust in the prison system (the one the inmates run) to take care of this scum.