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AG’s Office Files Brief In Mallory Appeal

on November 14, 2017 - 7:01am
Los Alamos Daily Post

Assistant Attorney General Maris Veidemanis has filed a “brief in chief” in an appeal in a local case involving alleged sexual exploitation of children under 18 years by visual media.

Scott Mallory of Los Alamos was arrested in January 2016 after forensic searches of his computer revealed images of young female teenagers, some of which were focused on the clothed breast area and 250 items bookmarked as “child erotica and child pornography”.

The appeal was filed in May by Assistant District Attorney Kent Wahlquist and claims First Judicial District Judge T. Glenn Ellington erred in finding that Mallory’s wife told Los Alamos Police Mallory was “possibly viewing child pornography” when there was no evidence of such a statement by Yushenko.

Judge Ellington ruled that Mallory’s spousal privilege was violated and information on his computer and any statements made by Mallory to police were to be suppressed.

Veidemanis’s brief states that the District Court granted a motion to suppress evidence of child pornography obtained from Mallory’s computer pursuant to a search warrant on the grounds that it relied on information that was subject to spousal privilege because Mallory conveyed it to his wife and she then passed it on to police. The brief claims that the Court overlooked the fact that a review of the validity of an affidavit for a search warrant is limited to the information contained in the “four corners of the affidavit”.

“Because the affidavit for the search warrant does not contain any information subject to spousal privilege, the warrant was validly issued. Even if the affidavit contained privileged information, the non-privileged information in it was sufficient to establish probable cause,” the brief states.

Veidemanis maintains the District Court order to suppress evidence should be reversed.