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It’s a shame when a representative of the court is charged with a crime. Of course, any person accused of a criminal act, such as child pornography or criminal sexual behavior, is always considered innocent until proven guilty. However, to have the charges brought forth in the first place can truly be an embarrassment to the individual and their profession. As a Birmingham criminal defense lawyer, I can empathize with this defendant and only hope that justice will be served quickly and with an even hand.

According to news reports, a Dothan attorney is facing multiple child pornography charges. His legal representative had recently asked the court for litigation expenses, including money to pay for a computer expert. The attorney handling Randy Carroll Brackin’s child porn case told the Houston County Courthouse that his client would be submitting an affidavit of indigency, declaring he could not afford to retain an attorney.

The case stems from a February 5 arrest in which Houston County Sheriff’s investigators took the 62-year-old Brackin into custody, charging him with 11 felony counts of possession of child pornography or obscene material. If convicted, the man faces one to 10 years in prison for each of the class C felony crimes.

According to police reports, deputies seized evidence related to the case from five different locations, including Brackin’s office, home, a female friend’s home, a storage facility and his mother’s home. Some of the images found on computers included pictures of some sexual acts and nudity. The children depicted in the pictures were under the age of 12, authorities claimed.

Because Brackin has served as an attorney in Houston County and appeared before numerous judges in that locality, a judge from Dale County, Circuit Court Judge P.B. McLauchlin, Jr., was brought in to preside over the case. The judge has set a tentative trial date for Brackin’s case for early 2010. As a result of the criminal charges, Brackin’s license to practice law was suspended earlier this year.

The defense had asked for bond requirements to be loosened, saying that Judge Lawson Little had already withdrawn the requirement that Brackin wear an electronic ankle bracelet while out on bond. Brackin’s attorney said some of the remaining restrictions included that his client live with his mother, that he call Houston County dispatch anytime he wants to leave the house and that he cannot leave Houston County or the state of Alabama.

Dothan attorney facing child porn charges claims indigency, DothanEagle.com, September 24, 2009

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Everyday we see instances where the law doesn’t reflect the capabilities and extent of technology. This appears to be the case in Alabama and other states with frequent instances of young people, teenagers and preteens, being accused of criminal sexual behavior. As a criminal defense lawyer in the Birmingham area, I have defended numerous clients who have been accused of crimes such as drug possession, theft, sexual abuse, and pornography, just to name a few.

The newest use for smart phones (mainly by youngsters) seems to be causing a great deal of trouble. “Sexting,” or sending lewd and sexually explicit photos of oneself to friends via cell phone, has gotten a bunch of kids in trouble with local authorities. One particular case caught my eye and points to a possible flurry of court cases that may occur in the future.

According to news reports, there's an uproar in Wisconsin due to a local 14-year-old boy who is now facing child porn charges. The Milwaukee police say the boy threatened to spread rumors about the girls he targeted if they didn't send him nude and semi-nude pictures -- which they did.

Local authorities claim they found 80 images from several girls on the 14-year-old's cell phone. And one nude snapshot of a girl was found on hundreds of phones. To most parents, this will seem horrendous, but is it a crime worthy of child pornography charges?

The girls whose photos have been distributed were aged between 13 and 15 years old when they sent the photos. Investigators have not yet identified all of them.

Milwaukee police claim that the 14-year-old’s exchanging of sexually explicit photos with other kids is a simple case of child porn, and not the more common sexting that people are hearing more about. Based on news reports, investigators have also seized computers belonging to a group believed to have begun the forwarding.

While one can wonder what drove this 14-year-old to do what he did, the real question is whether or not it was innocent curiosity or truly a criminal act. The problem is that the police are attempting to apply a law that never envisioned this kind of behavior, not to mention the technology that makes it all possible.

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For those opponents of police entrapment, a recent ruling by an Alabama criminal appeals court will likely come as a disappointment, at least in regard to electronic dissemination of obscene materials and other computer sex crimes cases. As a Birmingham criminal defense lawyer representing individuals accused of criminal sexual behavior, I find some of the practices used by police and other law enforcement agencies to catch sexual predators a little difficult to swallow.

This recent decision is the first instance that an Alabama court has ruled that a crime actually has occurred when an adult uses his or her computer to convey obscene photos or other materials to what he or she believes is a child, even if that recipient is a law enforcement officer posing as a minor. While this is a blow to criminal defense attorneys who represent clients charged with sex crimes, it in no way diminishes my own personal commitment to provide an aggressive defense to people accused of crimes in our state.

According to new reports, the appeals court upheld the conviction that John Baney received in Marengo County for sending obscene pictures to what he thought were two Demopolis cheerleaders. In reality, the two profiles were created by a police officer. Although Baney and his lawyer challenged the conviction because pictures weren't received by a child, the appeals court said what mattered was Baney's intention. A new appeal is reportedly in the works by Baney's lawyer.

I have sympathy for children and minors victimized by sexual predators, but I also know that there are always two sides to every story. I also believe that every person accused of a sex crime, or any other type of crime for that matter, is entitled to a fair trial and to be represented by an attorney who will act in his or her best interests.

Computer sex still a crime, even if 'child' is adult cop, Alabama appeals court rules, AL.com, August 7, 2009

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