Desmond's Case — Child Pornography Investigation

Client:  Desmond L., Under Investigation
Complainant:  Ontario Provincial Police
Charges:  possessing and accessing child pornography

Background:  Desmond was worried. He had dropped off his computer for repair. The shop had it for longer than anticipated. They weren't returning his calls. He left a forceful message, letting them know he was on his way over. Then the police called: the technician had told them that Desmond had child porn. The police now had the computer and were "examining it." They would call him when their investigation was finished. Desmond had reason to worry. The police might try to interrogate him, his home might be searched (with or without a warrant), and he could be arrested. We had to get ready.

Goals:  My first goal was to get Desmond informed. We went through each of the potential outcomes. I educated him about what to do and not do. My primary concern was that he not provide evidence against himself, so I provided him with the statement linked below. If arrested or detained, he had to give it to the police.

"i don't wish to make any statement"

Strategy:  I telephoned the police to report that I had been retained "to facilitate communication." I wanted to be as informed and as involved as the police would allow. I also wanted to be in the loop if the police did form "reasonable and probable grounds" to arrest Desmond. (The police are under no obligation to tell me when they are about to arrest my client but, as a practical matter, they usually do.)

Results:  As it turned out, there were only a few "off-side images" on Desmond's computer. The police officer was open enough to discuss with me the possibility that these images unintentionally made their way onto the hard-drive. The officer had his suspicions and probably had enough to charge Desmond. When all was said and done, the officer said he would be content to give Desmond a "stern warning," provided the hard-drive was surrendered. We agreed. Desmond attended for his warning. That was the end of it.

READ DESMOND'S TESTIMONIAL