Expert Witnesses

Computer Forensics

The purpose of computer forensics with respect to child pornography cases is two fold. First there is the due dilligence which is the right of every defendent. Is the evidence really there? Were proper forensic protocols followed? Second, computer forensics can paint a more complete picture of how the computer was used. Sure, there may be child pornographic images on the computer, but where were they and how did they get there? What evidence is there, if any, that the user was aware of the images? Computers can be used by multiple people invoking one or many user accounts. What circumstantial evidence exists to prove who was or was not on the computer while the child pornographic images were being viewed, downloaded or copied to another location? What information may be included with the images that would blur or contradict the identities or ages of the individuals in the suspected child pornographic pictures?

Digital Imaging

Experts in digital imaging discuss the way in which digital images are created, how they can be undetectably manipulated, and the ease (or lack thereof) with which those alterations can be detected. The integration of the law (primarily the First Amendment protection provided by cases like Free Speech Coalition) and technology enables a technologically sophisticated attorney to properly utilize a digital imaging expert on your behalf. Conversely, that preparation permits your defense counsel to best challenge the ever weakening positions of the government and state prosecutors attempting to qualify such individuals as "experts" on their behalf. Our digital imaging experts use exhibits as necessary to support testimony educating courts about the latest in digital imaging technology. When the evidence in your case is fully or even partially reliant on such knowledge, a digital imaging expert is critical to assisting counsel to make those necessary points of technology and law.

Our experts are experienced professional photographers and photo-journalists, some past nominees for Pulitzer Prizes in photography. The advances in digital imaging are rapid. Knowledge about the state of that technology years into the past is sometimes also relevant. We use the most qualified experts, present their testimony efficiently and properly frame the issues for the court in your favor.

Unlike any child pornography defense attorney in the country, Dean Boland has been qualified multiple times in state and federal courts as a digital imaging expert himself. He has assisted countless other attorneys in properly presenting this type of testimony and these exhibits. Checkout the Tooley and Brady cases in the "Notable Successes" section for more details. As always, choose defense counsel who has the most experience with digital imaging, digital video and other technology (along with the layered and increasingly complex legal issues of child pornography cases) to provide yourself the best chance of success in your matter.

Mitigation Consultants

Dean uses the most accomplished psychologists and therapists available to address issues related to mitigation of sentencing. Clients confronting sentencing hearings need the best presentation of the factors that mitigate against a long sentence and high fine. Our experts include experienced clinical psychologists with PhDs specializing in the risk of recidivism assessments for those facing sentencing on sexually oriented offenses. This is a special field requiring regular work, scholarship and practical experience. Our counseling and therapy specialists know the federal and state treatment systems, the requisite psychological tests and regularly contribute to the field by publishing articles and scholarly papers derived from their experience. From the outset of our representation, we review the benefits of initiating such services to the long term health of our clients and education of the court when appropriate. The federal and state sentencing laws usually provide sentencing ranges making the preparation and presentation of such material critical to the best outcome for our clients.

Digital Video

Similar to digital image experts, these experts own, maintain and use thousands of dollars of equipment to analyze, attempt to authenticate and generally testify about digital video. Strategically, these experts are often necessary pre-trial to enable charged citizens to obtain copies of the indicted items of evidence. Amendments to 18 U.S.C. 3509 enacted in July of 2006 seek to order federal courts to deny motions under the discovery rules to prevent charged citizens from having copies of such evidence. Digital video experts are crucial to educating courts about the inability to properly examine such material by merely visiting a government lab or temporary office. Reference to typical federal search warrants is helpful in these arguments as well.

As in digital image arguments, the preparation of these experts and cross examination of the prosecution's experts provide various angles to improve the posture of child pornography cases. Digital video is often argued by prosecutors to be extremely difficult to fake. Thus, the likelihood of any digital video evidence being fake is low. What is ignored is the arduous task of attempting to authenticate digital video. Digital video experts provide a crucial link in the court's education about the difficulty charged citizens face in attempting to know if a given digital video item is real or merely "appears to be."