Samuel Goldberg has been a Massachusetts criminal defense attorney for 20 years. Prior to that, he was a New York state prosecutor. He has published various articles regarding the practice of criminal law and frequently provides legal analysis on radio and television, appearing on outlets such as the Fox News Channel, Court TV, MSNBC and The BBC Network. To speak to Sam about a criminal matter call (617) 492 3000.

Child Pornography Arrest To End In Guilty Plea In Boston Federal Court

Yesterday’s Boston Herald signaled the end to the saga of former sportscaster Bob Gamere’s (hereinafter, the “Defendant”) in federal court which was co-hosted by federal prosecuting attorneys.

Apparently, he is expected to plead guilty to child pornography charges.

The Defendant was charged last October with two counts of transporting child pornography videos and one count of possessing child pornography. Specifically, he is accused of using his home computer to send multiple people e-mails with child pornography videos attached.

The trial had been scheduled to begin tomorrow in U.S. District Court. However, a change-of-plea hearing has been scheduled for today.

The evidence against the Defendant had included the alleged prohibited materials as well as statements that the he is said to have made to law enforcement. The materials were seized from his apartment in 2007. Attempts to suppress their seizure have failed.

Prosecutors have called the 70-year-old collector “a danger to the community”, although he has not been charged with any kind of actual sexual assault whatsoever.

Attorney Sam’s Take:

First of all, you may be wondering if the possession of child pornography is always a federal matter. The answer is “no”. Simple possession in the Commonwealth of Massachusetts would be prosecuted by state authorities. However, the Defendant is accused of trading this material with others…most likely some of them being out of state. This is what makes it a federal matter.

This is not a signal for those who “merely” possess child pornography to breathe a heavy sigh of relief; the state ramifications are bad enough. Possession of child pornographic material, as prohibited by Massachusetts General Laws Chapter 272, Section 29c, is a felony. It not only calls for potential incarceration for the first offense, but it mandates five years minimum in state prison on the second offense.

A conviction for this crime also labels one a “sex offender”, mandating registration with the Sex Offender Registry. State law also prohibits the giving of a Continuance without a Finding in these cases.

The Defendant’s case apparently originated from an investigation which led to his home computer. Many defendants-to-be find themselves in similar circumstances through the seizing of their work computers for which there is even less protection from seizure.

The mere accusation of this kind of crime can have dire consequences on your life. It is devestating to one’s professional and personal life. It is critical that, if you believe you are being investigated or charged for possession of child pornography, you engage the services of an experienced criminal defense attorney at the earliest possible moment. Trying to handle it yourself, such as the Defendant did as he made statements to agents that thereafter returned to haunt him, is a mistake.

Should you find yourself to be in these catastrophic circumstances and wish to discuss the matter with me, call me at (617) 206-1942.

For the full articles upon which today’s blog is based, go to http://www.bostonherald.com/news/regional/view/20090905ex-sportscaster_to_plead_guilty_in_child_porn_case/srvc=home&position=recent , http://www.bostonherald.com/news/regional/view/20090824bob_gamere_disputes_evidence_in_kiddie-porn_rap/ and http://www.bostonherald.com/news/regional/view/20090902plea_likely_in_bob_gamere_porn_rap/

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