A groundbreaking and complex issue of restitution -- which attorneys for Amy claim she is entitled to from those who possessed illegal photos of her -- is spreading around the country and has become part of Paroline's Tyler case, the first in East Texas.
Assistant U.S. Attorney Bill Baldwin, Paroline's defense attorney F.R. "Buck" Files Jr. and New York attorney for Amy, James Marsh, stated their views on the issue and answered questions by U.S. District Judge Leonard Davis during a three-hour hearing Thursday. But more time, resources and information are needed before ...
Federal prosecutors and a New York lawyer [James R. Marsh] are persuading courts to order anyone caught with illicit images to pay financial restitution to child victims.
Marsh says he is not seeking restitution for the original crime of sexual assault of a child. His claims on Amy's behalf are based on the idea that those who possess images of his client's abuse are guilty of a current violation of her privacy rights.
"This is an ongoing crime, an ongoing harm, that will never end," he says. "There is nothing that she can do, or I can do, or the US attorney can do, ...
The victim hired White Plains, N.Y., attorney James Marsh. He said there is no distinction between Hesketh and the people who actually produced the pornography.
"The victim is a victim of sexual exploitation caused by this defendant," Marsh said. "This notion that somehow we can excuse the defendant because there is no sexual contact is an affront to the victim."
New York lawyer James R. Marsh, the victim's attorney and an expert on child abuse law, said Eginton's ruling is unlikely to cause a spike in claims for restitution.
That is because, he said, the number of victims who have been identified from seized computer images is tiny - perhaps 200 children. Many of those victims, he said, are still children; they were photographed or videotaped when they were babies.
Some victims may not be aware of their legal rights, Marsh said. In other cases, he said, parents may decide that children are better served by not going to court.
"Companies get into trouble when they try to move that content beyond the four corners of their service - that's what Facebook tried to do - and use content for commercial exploits," said James R. Marsh, a lawyer who writes ChildLaw Blog, which first posted news of Facebook's TOS change late last month.
In the extreme, he said, "They can take little Susie's pictures on the beach to Playboy, who then has their own license for using it - and you may not even know it. And then what? You're institutionalizing child pornography."
Also joining us, James Marsh. This is Masha`s attorney. James...
JAMES MARSH, MASHA`S ATTORNEY: Hi, Nancy.
GRACE: Hi, friend. What are we going to do about this adoption agency that helped facilitate Masha coming from Russia, straight into the hands of an American pedophile?
MARSH: Well, I guess, unfortunately, or fortunately for Masha, we have a lot of potential defendants in this case, because it wasn`t just one adoption agency that helped facilitate this. There were many cooperating agencies involved. This was the agency that did the home study. There`s the ...
A vile sex offender who adopted a 5-year-old from Russia only to turn her into a sex slave is being treated at the cushy Devens prison hospital - an arrangement that prompted cries of outrage from the now-13-year-old survivor.
"Masha feels that treatment is inappropriate and that what (Matthew) Mancuso deserves is punishment for the crimes he committed," said attorney James R. Marsh, who represents Masha Allen.