Chief Prosecutor Montgomery County District Attorney's Office
This case study will explore the police investigation and subsequent trial of a sex offender who abused all of the children in a single family. After a twelve-year-old outcried to sexual abuse by a family friend, investigators quickly seized a cell phone but could not get an extraction completed. They followed a trail to stored customer data and found evidence of the defendant also abusing a younger sibling, who still did not outcry in a subsequent forensic interview. During this presentation, you will learn investigative tips to develop probable cause related to electronic evidence in order to seize and search the items, alternative sources of evidence when/if a cell phone extraction is not possible, how physical evidence can be used in a forensic interview, and charging considerations when a child has not outcried to known abuse. You will also learn trial tips for defending against motions to suppress those searches and seizures and methods for presenting child sexual abuse and exploitation material in a courtroom with secondary trauma in mind. (Presentation will include descriptions of abuse and child exploitation.)
Learning Objectives:
Identify information that helps support the exigent seizure of electronic evidence and alternate sources of electronic information when a cell phone can not be extracted.
Learn about the investigative tool of using physical evidence with a child in a forensic interview.
Explore the charging options and decisions considered in this case for the child who did not disclose the abuse seen in the electronic evidence.