The defense has hired an expert to analyze the hard drive which contained child pornography. The defense wants his expert to have a mirror image of the drive created that he can inspect at his own lab. It seems like the newly amended CCP 39.15 prevents them from getting a copy of anything containing child pornography.

So practically how is this supposed to work? Does the expert have to bring all of his equipment to the police dept. where the drive is located? Do I allow them to analzye the original hard drive which could potentially mess with time stamps and such? My expert works off of a mirror image so do I allow the defense to create a mirror image and do the analysis there and just leave the image with us?

The issue is complicated because the expert is not local.

Any direction would be appreciated.

[This message was edited by Adam Poole on 12-10-09 at .]

You are correct. 39.15 prohibits what the defense expert wants to do. Your last option is best. Have him bring his stuff to the PD and let him analyze a mirror image of the hard drive.

If the state is financing the defense expert, you may be able to save some $ by agreeing to transfer the hard drive to a PD closer to the residence of the defendant's expert since the hard drive would remain in the custody of the state. If the defense is paying their expert you may be less concerned about the cost/convenience factor. I agree that NO copy can be made, though the defense may argue that the hard drive is not "reasonably available" to them, thus 39.15(c) does not prohibit making a copy.