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Tue Apr 21 2009
James Lobsenz Gets State Supreme Court Win
James Lobsenz has successfully argued before the Washington state Supreme Court that a person accused of possessing multiple images of child pornography should only be prosecuted for one offense. In State v. Sutherby, the court ruled that "the proper unit of prosecution for possession of child pornography is one count per possession, rather than per image or photograph or per minor depicted." The decision was the result of the 2005 conviction of Randy Sutherby for child rape and molestation. Mr. Lobsenz represented Sutherby on appeal.
Regarding the decision, Mr. Lobsenz noted, "I think the court got it right. The Legislature did not intend to make astronomical sentences that kept getting increased and increased and increased because you possessed more than one."
Additional details on the case can be found here.
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"The criminal justice system is
not perfect by any means. Mistakes are made
and innocent people are wrongfully convicted.
Trial judges make serious errors, and
prosecutors and police sometimes engage in unfair
and illegal conduct in a misguided zealous effort
to punish the bad guy.”
— James Lobsenz
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