Outright acquittal on federal child pornography charges
State v. W.B.; Case No.: 08-14010-CR-GRAHAM (SDFLA)
Arresting Agency: Federal Bureau of Investigation.
Case Summary: other occupant could have been the person behind the keyboard when the child pornography was downloaded, viewed, and saved on the computer. We were also able to show that once this other occupant moved out, the pornographic activity on the computer came to a screeching halt. We kept the jury from viewing innocent, yet potentially prejudicial and irrelevant photographs of my client and his granddaughter. Our cross-examination of the FBI agents completely dismantled the government’s case. We unabashedly called out the FBI and it’s poor and incomplete investigation. They never saw it coming. After a week long trial that ended on a Friday afternoon, Brian Mallonee and his client sat across from two seasoned federal prosecutors and an FBI Agent awaiting the unanimous verdict.