חיים,

 

נשמח אם תוכל לשלוח לנו את שם התיק כדי שנוכל לבדוק אם נפתח תיק אצלנו.

אתה פנוי לשיחה עם איילת ואיתי היום בשעה 14:00?

 

אביטל

 

 

תחילת ההודעה שהועברה‏:‏

מאת: Haim Vismonski <[email protected]>
תאריך: 25 בפברואר 2015 19:52:15 GMT+2
אל: "Shave, Betty" <[email protected]>
עותק: Shiri Rom <[email protected]>
נושא: A question regarding an FBI report as a lead for a child pornography case

Dear Betty,

I have a question, brought to me by my colleague, Adv. Shiri Rom, a senior deputy at the Tel-Aviv District Attorney's office, regarding a child pornography case (possession and dissemination).
The Israeli police investigation started with a report from the FBI (attached)

I have a case of child pornography.

What led the police to the suspect was the attached report from the FBI (attached).

The report starts with a disclaimer, that the information in the document is for intelligence and lead purposes only.

In this specific case, the Israeli police got a search warrant and found incriminating evidence in the suspect's computer. The draft indictment is not based on the FBI's report. Nevertheless, the FBI's report might be considered relevant for the defense, under the "relevance doctrine" of our legal system.

What we are trying to clarify here is whether this disclaimer means, in general, that this "lead" information may not be exposed to the defense attorney, or simply, that the FBI agents should not be considered as witnesses in the case? And if the answer, in general, that we should not expose the FBI report to the defense attorney, we would like to ask if there could be an exception in this specific case, in which the lead to the suspect was based  simply on a CyberTipline from the ISPs, and not on a "sting operation" or any other classified technique?

ps: We saw some wonderful pictures on the news of the frozen niagara falls and also of Manhattan. I'm not sure if this super-cold weather got also to DC, but I hope you're all doing fine...

Thank you,

Haim


Dr. Haim Wismonsky, Adv. | Israeli State Attorney's Office | Director for Law & Technology  
Tel. 00-972-2-6466688 | Fax 00-972-2-6467006 | Email: [email protected]