By K.R. Claviger
Legal Correspondent for the Frank Report
How Important Are the Pictures of Cami to the Overall Case?
An issue that keeps getting overlooked is the fact that the Cami pictures that were supposedly tampered with only concern three (3) of the sixteen (16) predicate acts that were part of the RICO count.
The trial jury found that the prosecution “Proved” that Keith had committed all 16 of those predicate acts.
The three acts which concerned Camila were
- Sexual Exploitation of a Child (November 2, 2005)
- Sexual Exploitation of a Child (November 24, 2005)
- Possession of Child Pornography.
Even if the findings of the jury on that three predicate acts concerning Cami were thrown out, there would still be plenty of “Proved” predicate acts to support the RICO charge.
It’s also important to remember that, in addition to the RICO charge, Keith was found guilty of committing six other crimes that had nothing to do with the pictures of Camila (These were all part of the second superseding indictment).
Keith and Allison Mack were each charged with seven (7) felony crimes: Racketeering Conspiracy, Racketeering, Forced Labor Conspiracy, Wire Fraud Conspiracy, Sex Trafficking Conspiracy, Sex Trafficking (Nicole), and Attempted Sex Trafficking (Jay).
Keith’s sentences for those six other crimes total 120-years.
Will a New Rule 33 Motion Be Successful?
Given the facts of this case, I do not believe that a second Rule 33 Motion will be successful. Many people forget that Keith already tried this gambit once – and was shot down.
The biggest problem with the new proposed Rule 33 motion is that all the alleged “tampered evidence” had been turned over to the defense team well before the trial – which means that Keith’s lawyers had plenty of time to hire experts to identify any issues with it. An exacerbating factor is that it was Keith’s defense team that insisted on starting the trial on its scheduled date even after the second superseding indictment was issued.
So, even if Keith’s new lawyer could prove that one or more pictures of Camila had been altered – which I still doubt can be done – it is extremely unlikely that Judge Garaufis will grant Keith a new trial.
Nor do I think that the Second Circuit will overrule Judge Garaufis’ determination on the matter.
Nevertheless, I am looking forward to reading the reports of the three experts who have concluded that there was evidence tampering with respect to the alleged underage photos of Cami.