DA Won't Give Child Porn Evidence to Councilman's Lawyers

The Cobb County District Attorney’s Office is refusing to hand over child pornography seized as evidence against former Kennesaw mayor and current city councilman Leonard Church to his defense team, citing a desire to keep the material secure.

Church stands accused of fondling a 9-year-old boy while showing him pornographic images during May of 2014, according to an indictment filed against him in January. Leonard Church is facing one count of child molestation, one count of aggravated child molestation, and four counts of sexual exploitation of children.

Church’s lawyers filed a motion which claims the prosecution’s refusal to hand over printed versions of forensic reports expected to be used at trial or copies of the images themselves violates their client’s rights to due process and a fair trial, according to the Marietta Daily Journal.

Assistant District Attorney Hannah Palmquist wrote in a response the motion that Church’s lawyers have been invited to visit the District Attorney’s office to view the reports on several occasions, the MDJ writes. Palmquist added that a defense expert is welcome to perform his own analysis of the seized hard drives stored in evidence.

Prosecutors said in an October hearing that Church possessed more than 300 images of child pornography and around 100 pieces of sexually suggestive but legal images of children.

Last month, Church declined a plea deal that would have seen him sentenced to 30 years, with half to spend in prison and the rest to spend on probation. A guilty plea would have also meant accepting responsibility for the crimes he is charged with.

According to the MDJ, Judge Mary E. Staley is expected to rule on the defense’s motion before Church’s trial starts on Monday.