Man charged in the Plymouth County; Plymouth County Court Superior for:
- Possession of Child Pornography – M.G.L. c. 272, § 29C (vii)
- Unlawful Wiretap – M.G.L. c. 272, § 99
A Homeland Security Agent man was under investigation by his agency’s Internal Investigations Unit, which led to the seizure of his work-related electronic devices. On the devices was a high volume of personal materials, to include 1,500 photographs and videos that were sexual in nature, including several concerning pictures of the man’s children, recordings of the man’s wife, and some photographs that authorities alleged constitute child pornography. Testimony from a federal law enforcement agent and materials extracted from the man’s devices were presented to the Plymouth County Grand Jury, which returned indictments for Possession of Child Pornography and Unlawful Wiretap. The man retained Massachusetts Sex Crime Defense Lawyer, John L. Calcagni III, to represent him in his case.
Case Result: Possession of Child Pornography Charge Dismissed.
After reviewing and analyzing the evidence, Attorney Calcagni filed a motion to dismiss the child pornography charges, claiming the images were constitutionally protected and did not meet the definition for obscene material. Following oral argument in support of the parties’ positions and the Court’s consideration of a lengthy written legal memorandum filed by the Defense, the Court ordered the possession of child pornography charge dismissed.