Evidence 101: Chain of Custody (or, don't lose the computer with all of Karr's kiddy porn)

Tuesday, September 26, 2006

News Article:

SANTA ROSA, California (AP) -- A judge said Monday that she will consider a defense request to dismiss child pornography possession charges against one-time JonBenet Ramsey murder suspect John Mark Karr.

The announcement comes after Sonoma County Sheriff's officials revealed last week the computer that allegedly held the illicit images was lost in 2002.

Judge Cerena Wong is set to consider Wednesday whether the five misdemeanor charges Karr faces should be thrown out.
She criticized prosecutor Joann Risse for not telling her that the computer was lost even though she has known about it since August 30.

The judge said she also would consider whether to unseal evidence in the case because she previously had issued the sealing orders based on statements Risse made about continuing efforts to obtain more information from the computer.

Risse said her office has printouts of 1,600 photographs from the computer, including the five suspect images, but the original computer images are missing.

Karr, a 41-year-old former schoolteacher, has rejected a plea deal in the case, and remains in Sonoma County jail on $200,000 bail. The computer was taken from his home in 2001, but he fled before his trial.

Analysis:

So, when we go to trial, we like to present something we call "evidence." For example, if you charge someone for possession of child pornography on their computer, you need to have two things: (1) child pornography and (2) THE COMPUTER.

Looks like Mr. Karr is going to be beating the rap on this case as well. Good work Sonoma county criminal justice!