Possession of Child Pornography in Fall River Massachusetts
Charges
- Possession of Child Pornography – M.G.L. c. 272, § 29C
Court Information
Fall River, Massachusetts
Bristol County
Fall River District Court
Case Overview
A male, adult police officer and a 17-year-old female struck up a consensual, romantic, and sexual relationship. It lasted for approximately 2-3 months. During the course of the relationship, the female sent nude photos to her lover, which was part of their otherwise consensual relationship. For unrelated reasons, the relationship became known to the officer’s supervisors. An investigation into his affair led to a warrant-based search of his cellphone, where the images were stored and discovered. Based solely on these discovered images, the officer was terminated from his employment, placed under arrest by his colleagues, and charged with Possession of Child Pornography because the female was under age 18 when the photos were taken by her, of her, and sent to the man. After unsuccessfully working with other lawyers, the man ultimately retained Massachusetts Criminal Defense Lawyer, John L. Calcagni III, and his team to defend him in this serious matter.
The man was disinterested in any pretrial deals or negotiations. He maintained he was in the right, in that if the law permitted he and the girl to have a sexual relationship, then child pornography laws should not be used and applied to outlaw images that were created and shared among the parties, as part of their relationship. As a result, the case proceeded to trial. The officer was represented exclusively at trial by Attorney John Pensa, the longtime, trusted associate of Attorney Calcagni. This time around, Attorney Calcagni developed the trial strategy, and Attorney Pensa executed it to perfection. Following pretrial motions, jury selection, opening statements, four prosecution witnesses (including the female and three police officer witnesses), and closing arguments, the jury deliberated for approximately 30 minutes, before delivering a quick Not Guilty verdict in the man’s favor. This case will now be sealed from public records.
Case Result
Not Guilty After Jury Trial