In an attempt to salvage a highly publicized child pornography case, federal prosecutors on Monday offered new evidence that a Canadian hacker who broke into an Orange County judge's computers was not working for the police.
Bradley Willman of Langley, British Columbia, in a newly sworn statement, recanted his previous testimony that he served as a law enforcement "agent" in the case against former Superior Court Judge Ronald C. Kline, and in other child pornography investigations.
The move comes two weeks after U.S. District Judge Consuelo B. Marshall in Los Angeles ruled that Willman illegally invaded Kline's home and courthouse computers -- where Irvine police said they later found more than 1,500 pornographic images and the judge's diary. Kline later resigned as judge.
Marshall determined that, at the time, Willman was working on behalf of the police. Because of that, the judge is considering suppressing some of the prosecution's strongest evidence because it stemmed from Willman's illegal search.
Kline, 62, has pleaded not guilty to six charges of possessing child pornography. He has also pleaded not guilty to state charges of molesting a 14-year-old boy more than two decades ago.
Willman allegedly hacked into Kline's computers by using a "Trojan Horse" program he had developed to invade another's computer and track that person's online activity. He then forwarded his findings about Kline to a Colorado-based Internet watchdog group, Pedowatch, which alerted Irvine police. Based on that material, police questioned Kline and secured a search warrant for his computers.
Defense attorneys argue that Kline's diary, the pornographic images and all other evidence collected from his computers, his home and courtroom chambers should be excluded from the trial. All of those were found by police as a result of Willman's illegal actions, which violated Kline's constitutional rights, they said.
Paul S. Meyer, Kline's lead attorney, dismissed efforts by the federal prosecutors to downplay Willman's ties with law enforcement, saying they are trying to renew old arguments.
"There is nothing new, nothing surprising and nothing persuasive in this material," Meyer said.
Assistant U.S. Attys. Deirdre Eliot and Greg Staples maintain that Willman worked as an anonymous tipster, not as a police informant, and that his new declaration should be enough for the court reconsider his status.
