Prosecutors in Adams, Massachusetts have a novel case involving evidence that will be used twice in separate unrelated trials, including for one crime after the evidence was put into the evidence vault itself. Adams Police Officer Alan C. Vigiard, 45, is accused of possession of child pornography. His first “possession” occurred in his review of child pornography in the evidence vault.
The chain of custody issue is a bit weird when the custodian himself is accused of the crime. It is also a novel (but defensible) view of “possession” when the officer is found to have viewed the tapes for personal enjoyment. He appears, however, to have made copies of the material.
Vigiard was actually identified by a scar on his hand and CDs discovered by investigators. CDs were found to contain 153 images of child pornography. The police focused on one video clip of a male masturbating in front of a computer monitor. What was surprising about the videotape was the familiar setting — the Police Department evidence room. The man was not clearly shown but Vigiard was identified from a scar on the back of his hand.
The police also discovered that “Lime Wire” — a peer-to-peer file sharing program — had been installed on the evidence room computer.
Vigiard is married with two children. He is facing up to five years in state prison as well as fines ranging from $1,000 to $10,000.
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