May
7
It looks as though Bernie Ward will be changing his “Not Guilty” plea to something else tomorrow. As I asked in my January 28, 2008 post, “Do I smell a Plea?” When the evidence mounts up against you, you need to take a realistic look and accept the consequences for your actions.
What prompted this change?
Bernie through his attorney filed a Motion for a Ruling to allow him to claim that he received and transmitted child pornography for a legitimate, First Amendment Protected Purpose.
“He will, if given the chance, assert the affirmative defense that his receipt and distribution of the contraband photographs was legitimate, and in his case was an expert exercise of his First Amendment-protected right to research and comment upon societal mores.”
Bernie Ward’s Motion for Ruling to Present an Affirmative Defense and the United States Opposition to Ward’s Motion show just how twisted Ward’s concept of Research is. The Department of Justice claims,
“…the legal underpinnings for a broad-based legitimate purpose affirmative defense the defendant advances (also advanced identically by a journalist defendant in United States v. Matthews, 209 F.3d 338 (4th Cir. 2000), which the court rejected) was clearly foreclosed by the Supreme Court in Ferber when it distinguished child pornography laws from obscenity laws.”
Since Bernie Ward did not file a Reply Memorandum, I assume the hearing on calendar tomorrow will result in his changing his Plea. I wonder how much time he will get. How much time should he get? Please comment.
RELATED POSTS
Did Bernie Ward Violate Pretrial Release - January 28, 2008
Details of Bernie Ward’s “research” (wink, wink) - February 15, 2008
Bernie Ward Violated Terms of Release - March 18, 2008
DOCUMENTS
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May 8th, 2008 at 4:46 pm
Well, it looks as though Justice will be served. How much money was wasted on this legal process? Just to plead out in the end.