Diigo Post Excerpt:
In this criminal case, defendant is charged with endangering the welfare of a child based on allegations involving the email transmission of images of child pornography. A discovery dispute arose after the State declined to provide defendant’s attorney with copies of the computer images, refused to allow defendant to view the images at all, and required the defense team to inspect the images only in the prosecutor’s office. Defendant filed a motion to compel the prosecutor to provide copies of the images. The trial court denied the motion and entered a Protective Order, allowing defendant and his defense team access to the images subject to two conditions: the images could only be viewed on a computer housed at a state facility and access would be allowed within forty-eight hours after each request for inspection. In fashioning the Protective Order, the trial court sought to strike a balance between defendant’s right under Rule 3:13-3 to discovery of the evidence against him in order to prepare a defense, and the State’s arguments that the images were presumptively contraband, and that the public interest required protection of the child victims’ rights to privacy and not to have the republication of images through state-sanctioned dissemination.