- Having knowledge of the commission of a federal felony -- that is, possession of child pornography;
- Failing to notify federal authorities; and
- Deliberately taking some affirmative step to conceal the crime -- that is, returning to his law office with the computer containing the child pornography, taking the laptop computer apart, and destroying and concealing the computer.
By Houston Criminal Defense Lawyer Mark Bennett
Thursday, October 4, 2007
Russell Plea Bargain Agreement
Here is the plea bargain agreement in the Russell case. As you can see, Mr. Russell pled guilty to misprision of a felony by:
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2 comments:
To me the act of distroying the computer goes way beyond the line of respecting client confidentiality and deserves to be prosecuted.
I'm curious as to what other attorneys would have done in this situation. This guy went for maximum damage and committed two crimes: property damage AND the misprison of a felony.
I think I'd have avoided taking personal possession and advised my client (the church) to turn it over to the authorities with a warning not to destroy the evidence.
I am trying to think of a crime committed by just giving the computer back to the owner. They'd probably charge someone with distribution of child porn.
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