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Montgomery County Judge Won't Release Child Porn Evidence For Defense

By Brad Segall

NORRISTOWN, Pa. (CBS) - A Montgomery County judge has refused to order prosecutors to copy several images of child pornography requested by the attorney representing a Norristown man accused of molesting a child he was babysitting.

The attorney for Gary Romano argued he needs the pictures to properly prepare his defense for trial and told the judge he's had problems getting access to the images from county detectives. But prosecutor Abby Silverman contends that child pornography is precisely the type of evidence that cannot be copied and delivered to the defense.

"It's illegal contraband. It basically defeats the purpose of us seizing the child pornography in the first place if we're then just going to recopy it for defense counsel and release it again from the custody of our office."

She says it would also re-victimize the child in the photos.

Police say the 56-year-old Romano would advertise his babysitting services online and molested a two-year-old girl he was hired to watch. The judge ordered the two sides to work out a time in quick fashion so the defense can see the images.

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