Loophole Allows Inmate to View Child Porn in Jail
Gilbert pled guilty in federal court to producing child pornography in 2009, reports the AP. He received a 25-year sentence for the federal crimes. Gilbert also agreed to plead guilty to charges of sex crimes in state court, the AP reports. Gilbert later withdrew his guilty plea after a judge said his sentence could a life sentence.
Now, Gilbert is representing himself, and acting as his own attorney. As a result, he must be given the chance to review all of the evidence in his case - including the DVDs with child pornography, the AP reports.
Gilbert is reviewing his “evidence” while incarcerated. He views the DVDs with an investigator in the same room, and is visible to jail guards at all times, the AP reports.
Unfortunately, Gilbert’s ability to view the “evidence” is laid out in law. In order to avoid a mistrial that would further delay the case, the state should not withhold evidence that they intend to use at trial from Gilbert’s attorney - which is Gilbert himself.