Loophole Allows Alleged Rapist to Watch Child Porn

[brassmonkey]

Alleged child molester Weldon Marc Gilbert of Washington state, accused of raping young boys, will watch hundreds of child pornography videos this week while he sits in jail ?- the same police footage found in his home -- because he's acting as his own defense attorney.

A judge approved Gilbert's request based on a previous Washington Supreme Court ruling that allows a defense attorney to review evidence against a client.

But officials said this is the first time a defendant has been granted that kind of access.

Today Pierce County prosecutor Mark Lindquist told ABCNews.com he's gearing up for a fight.

"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," said Lindquist. "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."

Gilbert, who appears in several of the videos, was charged with child rape, child molestation and sexual exploitation of a minor in 2007 after the older brothers of two alleged victims called police.

A former United Parcel Service pilot who goes by his middle name, Marc, had allegedly lured the boys to his Lake Tapps home after providing coveted trips in his sea-plane, boat or helicopter.

Witnesses said Gilbert, 50, would give the boys alcohol and spank their bare buttocks. In several cases, prosecutors said, Gilbert allegedly engaged the teens in masturbation, oral sex and anal sex.

the full article.....

[Bryan G]

What the fuck!?!?!

[JamesGw]

That makes no sense at all.

[mountainmiester]

Originally Posted by JamesGw

That makes no sense at all.

Isn't that sort of the sign of the times anyways? Not to make sense? I'm dumbfounded every single day anymore at all the things going on around me that completely lack common sense. Have we created so many laws and processes that common sense no longer applies? I truly think so.

[Quentin]

File under "unintended consequences of legal standards and the rules of criminal procedure."

As I understand the situation, under Washington law, defense counsel is entitled to review the evidence entered into the record as part of his/her trial preparation. Since this guy is defending himself, he is legally entitled to do the same manner of trial preparation that his attorney would be empowered with, were he being represented by an attorney.

I certainly understand the outrage on the part of the prosecutor (and the public) here, but look at this way and you might feel a bit better about it: at the end of the day, once the trial starts, it's going to be a case that pits a child molester who has no idea wtf he is doing against a seasoned prosecutor who is now more motivated than ever to nail this creep to the wall.

As Clarence Darrow once said:

A man who represents himself in court has a fool for a client

[Markul]

Yea saw that, fucking sick!

[InfoGuy]

Someone will shank this piece of shit before this case ever makes it to trial.

[brassmonkey]

Originally Posted by InfoGuy

Someone will shank this piece of shit before this case ever makes it to trial.

nope he doesn't go in general population. the chomos are protected from harm.

[Rochard]

Originally Posted by JamesGw

That makes no sense at all.

From a legal standpoint it makes perfect sense. His attorney has the legal right to view all of the evidence against his client - including videos of his client molesting kids. Being as he is acting as his own attorney, legally he has the right to review the evidence - including the video tapes.

As sick as it sounds, we have to give him a fair trial.

I hope the fucker rots in hell. Crimes against children are the worst crimes of them all.

[TheSquealer]

It's not like he's beating off in his cell to the videos at all hours of the night. Most likely, they have made a place available to him to screen the videos as evidence and its supervised.

[MrMaxwell]

Originally Posted by brassmonkey

nope he doesn't go in general population. the chomos are protected from harm.

Not always.. and never forever

[96ukssob]

Originally Posted by Bryan G

What the fuck!?!?!

WTF is right

[Just Alex]

Originally Posted by Rochard

From a legal standpoint it makes perfect sense. His attorney has the legal right to view all of the evidence against his client - including videos of his client molesting kids. Being as he is acting as his own attorney, legally he has the right to review the evidence - including the video tapes.

As sick as it sounds, we have to give him a fair trial.

I hope the fucker rots in hell. Crimes against children are the worst crimes of them all.

Shit, someone with common sense here? No way!

[rock-reed]

This has to be one of the sickest/weirdest stories I've ever heard...

[seeandsee]

that fucker is undestractable evil...

[Ayla_SquareTurtle]

The fact that this is the legally appropriate thing to do doesn't make the actual facts of the situation any less disgusting.

[Blazed Studios]

just fry the fucker

[Jon Oso]

So he's going to get to see his crimes again, lose horribly in court, and spend the rest of his life in prison.

Yeah it's a shitty situation, but it's legal in his preparation of a defense and as he's acting as his own council, there isn't much they can do about it unless they want to risk a mistrial.

As stated above, they aren't going to leave him alone in a room with a bottle of lotion and a few socks... Although I would assume he has attorney/client privilege with himself (not sure on this part) they won't be able to use anything he does or says while reviewing said video tapes in court, legally. I'm not sure how that would work though.

[GatorB]

Originally Posted by Rochard

From a legal standpoint it makes perfect sense. His attorney has the legal right to view all of the evidence against his client - including videos of his client molesting kids. Being as he is acting as his own attorney, legally he has the right to review the evidence - including the video tapes.

As sick as it sounds, we have to give him a fair trial.

Unfortunelty it seems in America people rather have a "guilty until proven guilty and nevermind with this evidence stuff" kind of system.

yeah this guy is piece of shit but the same law that help him may also help someone who is actually innocent. It's like free speech, everyone is for it until someone says something they don't like.

[TangibleAsset]

Why is it that child molesters/predators are separated from the rest of the prison population? They get special treatment because they worry about them getting beaten and/or killed, but isn't that one of the risks of going to prison? It would probably motivate them to quit touching little boys if they knew they were going to be in danger because of it.

[GatorB]

Originally Posted by TangibleAsset

Why is it that child molesters/predators are separated from the rest of the prison population? They get special treatment because they worry about them getting beaten and/or killed, but isn't that one of the risks of going to prison? It would probably motivate them to quit touching little boys if they knew they were going to be in danger because of it.

So are you for cops that commit crimes to be put in general population. Or prisoners that give information that help convicting other people that they will end up serving time in the same prison with?

No it's not going to motivate them to stop. Texas executes the most people and guess what people still get murdered in Texas on adaily basis. So the death penalty doesn't doesn't deter anyone form killing. Molesting a child is an illogical act and trying to use logic( hey you'll go to prison and be beaten, raped and shanked ) is not going to work on a illogical mind.

Everone knows meth is a terrible drug and made out of god awful shit and you will most likely be dead within 10 years. EVERYONE knows this and yet people try meth for the first time daily. Tiger Woods had a hot wife made $100 mil a year and was loved by almost everyone, so he decides to fuck all kind of nasty hoes. Loses the wife, loses a ton of money in a divorce settelment. Loses hundreds of millions in endorsements and is hated by millions now. Was all that worth it so he could go "Oh I'm cumming, Ugh" for 3 seconds in a bunch of skanks? So as I said logic doesn't work on the illogical mind.

And sorry even protective custody prison is no joy ride. Prison is a bitch no matter what.

[SleazyDream]

sad and unreal, but if he's representing himself, which is his right, seeing the evidence against him is one of his rights, and a fundamental right of our justice system.

what's worse, is he can probably continue to watch it as he prepares appeals too for years to come.

[martinsc]

wow... that's just fucked up.....

[k0nr4d]

He probably knows he has little or no chance anyways of winning in court, so he's just having his metaphorical "last meal" i guess.

[Hermes]

Originally Posted by SleazyDream

sad and unreal, but if he's representing himself, which is his right, seeing the evidence against him is one of his rights, and a fundamental right of our justice system.

what's worse, is he can probably continue to watch it as he prepares appeals too for years to come.

While he does have the right to defend himself and see the evidence, there should be some kind exception in the law that he's not allowed to use the evidence for any other "purposes" than for defending himself, so somehow control his access to the material.

Laws aren't perfect, and they're being modified all the time.

[brassmonkey]

Originally Posted by TangibleAsset

Why is it that child molesters/predators are separated from the rest of the prison population? They get special treatment because they worry about them getting beaten and/or killed, but isn't that one of the risks of going to prison? It would probably motivate them to quit touching little boys if they knew they were going to be in danger because of it.

yes they will be killed.

[baddog]

Originally Posted by Hermes

While he does have the right to defend himself and see the evidence, there should be some kind exception in the law that he's not allowed to use the evidence for any other "purposes" than for defending himself, so somehow control his access to the material.

Laws aren't perfect, and they're being modified all the time.

How is he supposed to know what evidence they have on him if he is not allowed to see it?

[Barry-xlovecam]

I wonder what the "chomo's" defense will be?

[Bryan G]

Originally Posted by baddog

How is he supposed to know what evidence they have on him if he is not allowed to see it?

Err maybe because he filmed it?? So he knows full well what is on the tapes.

[Agent 488]

hope someone spanks him in prison.

[baddog]

Originally Posted by Bryan G

Err maybe because he filmed it?? So he knows full well what is on the tapes.

I know you live in Canada, but here we have this thing called "due process." In a nutshell, it means he is innocent until proven guilty.

[cooldude7]

this shows., how fucked up our/your system is.

[TangibleAsset]

Originally Posted by brassmonkey

yes they will be killed.

But why is this a bad thing? Less people in the privatized prison system = less money spent by taxpayers.

[brassmonkey]

Originally Posted by TangibleAsset

But why is this a bad thing? Less people in the privatized prison system = less money spent by taxpayers.

if it was up to me he would view the dvd and id chop his fucking head off and burn the body and piss on the ashes.