FL- Defense: Perverted Justice denies access to computer evidence

Based on our readers comment about PJ having more than one computer we reviewed some very old DVDs of the show, and sure enough, they have more than one computer. Given the scope of what they were doing it is very logical to think they would have multiple systems to make sure everything is captured. Any later forensic analysis would be a very big job and likely to shut them down for some time. Further, such a review may show how they have gotten other evidence of the chats they have posted on their site, and it could have been done illegally. Only a proper forensic analysis could find the truth. Hats off to our reader.

5-2-2009 Florida:

BUNNELL -- Charges against a former police officer snared in a Dateline NBC "To Catch a Predator" sex sting in Flagler Beach should be dropped, in part, because a vigilante group didn't allow its computer to be examined, according to a court document.

While Perverted Justice acted as an agent for police and "essentially conducted the entire investigation" leading to the arrest of 21 men, the vigilante group is not following rules that would apply to police and are meant to ensure fair trials, states a motion filed by an attorney for Todd Spikes.

Spikes, 43, was fired from his job as a police officer in Florala, Ala., after his arrest during the December 2006 sting. Spikes is charged with attempted lewd or lascivious battery, two counts of lewd or lascivious exhibition, and computer pornography and child exploitation.

Spikes' attorney, Ted Zentner, said he and defense attorneys for other defendants sent a forensic computer expert "pursuant to a court order" named Richard Connor to Kentucky to examine chat logs. But Perverted Justice denied Connor access to its computer server.

"Perverted Justice has continuously engaged in a pattern of conduct designed to thwart the defendant's rights to due process and a fair trial under the Fifth and Sixth Amendments," Zentner's motion argues.

In an e-mail response Friday, someone identified only as a Perverted Justice administrator rejected those claims.

"It's a baseless, desperate accusation by a defense attorney who knows his client is guilty. We have participated in hundreds upon hundreds of convictions across the country and have had our evidence examined by hundreds of defense attorneys."

Did the group deny Connor access to its computer?

"Nope" was the single-word response.

Prosecutors oppose Zentner's motion as well as similar ones by attorneys for other defendants and plan to respond accordingly, said Chris Kelly, spokesman for the State Attorney's Office.

Stetson University law professor Bruce Jacob doesn't think Zentner's motion will succeed in having the charges dismissed, but he does think Zentner has a point about the Perverted Justice computer.

"If it had been the police department and the defendant needed to get access to records or computer access to help prove his case, certainly he and his attorney would have to be allowed to do that," Jacob said. "If the computer might hold any information that could assist in the defense, it ought to be turned over to the defense."

Jacob said that, instead of dismissing the charges, it's more likely a judge would order Perverted Justice to allow access to its computer. If Perverted Justice continues to deny access, then the judge might dismiss the charges.

"We don't know what the computers show," Jacob said. "Certainly those computer records could have been doctored, parts of the conversation could have been left out."

Spikes of DeFuniak Springs, which is near Florida's border with Alabama, was arrested after he tried to meet a decoy who was posing as a 13-year-old girl, police said. According to a police report, Spikes planned to start a sexual relationship with the teen's mother so he could continue seeing the girl.

Spikes drove to the decoy house but then drove away without getting out of his sport utility vehicle, police said. Spikes was pulled over a few blocks away by Flagler Beach police. Police said they found handguns, an assault rifle and a shotgun -- all loaded -- in his SUV.

Investigators said they also found pornographic DVDs, condoms, an anchor and a rope, a floating fishing light, handcuffs, a bulletproof vest, two police scanners and video cameras and digital cameras. ..News Source.. by FRANK FERNANDEZ, Staff Writer