Be on the Lookout for: Pedophiles Watching Porn in Prison

July 15, 2011— -- When can pedophiles watch child porn in prison? Never? Wrong.

Weldon Marc Gilbert pled guilty to federal charges of sexual exploitation of a child in 2009. Currently he's in a Washington state prison awaiting trial on state charges – and he's watching videos he made of his victims while he waits.

Gilbert is allowed to do this because he is acting as his own defense attorney. In Washington, prosecutors have to give defense lawyers copies of the evidence in child pornography cases, though there are restrictions. The evidence can only be reviewed by the defendant if their lawyers are present.

In Gilbert's case, the judge allows him to watch the material in jail but he has to angle his computer away from doors and windows so other inmates can't see. He's also not allowed to view the evidence alone. Gilbert hired a private investigator and views the porn in a private interview room.

Even more problematic, Gilbert could be allowed to question his victims in court as the defense counsel. If the prosecution calls victims to testify, Gilbert would be allowed to cross examine them. However, the judge has already decided that Gilbert can't directly question the victims and in general judges can limit the questions the defense is allowed to ask.

Even with the limitations, the loophole in the law allows Gilbert access to the pornography he made as well as the victims.

As unjust as this may seem, it's all within the letter of the law, so be on the lookout.