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The problem with relying upon government experts when you are a defense attorney is that not all government “experts” are actually experts, and even those that are make mistakes. Take the case of Michael Fiola, for example. Mr. Fiola was an employee of the Massachusetts Department of Industrial Accidents. During a routine check of his lap top, it was discovered that he had a significant amount of child pornography on his computer. He was fired and the evidence turned over to the district attorney who charged his with several felony violations. Eventually, thanks to fierce representation by defense counsel who understood computer crimes and hire the correct expert, all charges were dropped but not before Mr. Fiola spent $250,000 defending himself. Then there is the case of Julie Amero, a substitute teacher from Connecticut who was charge with Risk of Injury to Minors when a laptop she was using began displaying pornographic images to her students. Her charges were likewise dropped after independent computer experts found a malicious spyware that was downloading the popups without her knowledge.
Unfortunately, Mr. Fiola and Ms. Amero’s cases are not isolated incidences. In fact it is likely that there are many innocent individuals in prison because of faulty investigations and lack of expertise by government experts. And hackers are becoming more sophisticated all the time. Firewalls and other securities measures can be bypassed, and anyone’s computer can be turned into a “Zombie” computer by use of Trojan Horse program. Once this happens, the computer can then be used to perform malicious or illegal acts anywhere in the world without the owner’s knowledge. Even worse, the Trojan Horse program used to take over the computer could be nearly impossible to find and may even disappear after it has completed its function.