Personally, I think he is guilty as sin. However, you are looking to help your brother and I can understand that.He needs help, but for god's sake don't get it until this is over. Any attempt to seek help now would be tantamount to a guilty plea. His best bet is the "broken trail of evidence". That PC shop and all it's employees should be fully investigated. He's a teacher? Any of their kids, or any ties what-so-ever to a kid who goes to his school, could be a reason to fuck with your brother. You need to have reasonable doubt to find him "not guilty". Note...I said "not guilty", not "innocent", there is a difference. You also need to get a jury consultant to hopefully slant things in his favor. Remember, it only takes one of twelve to believe in him (or not believe the prosecution). Money should be no object as this is going to fuck with his whole life if it turns against him. Also, credibility is a huge issue. You need to make your brother look like a saint and have as many character witnesses as possible (who themselves are beyond reproach).You need to destroy the PC shop employees, the detectives (any juror should be sceptical of overzealous police work).As far as expert testimony from a computer expert, "baffle them with your bullshit".Most laypeople (who will be on the jury) don't understand shit about computers and what is possible. Note...I said "possible", not "likely". If it is possible, It has to raise doubt.
Most importantly, get an attorney who can make a powerful closing argument. That is what this will come down to in the end.You need to make everone on the jury believe this "could" happen to them. They need to be hesitant to convict your brother because the penalties are too high if they are wrong and unjustly convict him. In our justice system, from what I've seen and read, a person with a few dirty pictures of kids accidently in his possesion is treated the same as a person convicted of actually raping or molesting a child, who is treated the same as the 18 year old who got caught screwing his 16 year old girlfriend.They are all sex offenders and pedophiles, once they are convicted. The glitch is that there are various degrees of offenses, but only one punishment.
If actually guilty, your brother needs to consider the possibility of "getting the hell out of Dodge".If he is convicted, and he probably will be if he's guilty, his life will never be the same and will probably become intolerable. His punishment will be for life - it will be on his record. Maybe he should spend his money on creating a new identity and moving to Costa Rica. It's still a life sentence, but at least he can walk the streets without being stoned. And for God's sake! DON'T EVER DO IT AGAIN.
* This post has been modified
: 19 years ago