OC Man's Child Porn Conviction May Get Tossed on a Technicality

A judge today delayed a sentencing hearing for a former Boeing engineer from Orange County, who was convicted of possessing child pornography on his home computers.

U.S. District Judge Christina Snyder said she would consider a defense motion to toss at least one of two guilty verdicts against Keith Preston Gartenlaub because investigators found child porn on his computer while executing a search warrant related to a Boeing data leak.

Gartenlaub, 47, was found guilty in December of possession and attempted receipt/receipt of child porn.

His attorney, Mark Werksman, argued that since the illicit material was discovered as a result of a warrant issued to investigate a potential Boeing data leak, his client should be acquitted.

"They stumble(d) upon this evidence in the midst of an unrelated investigation," Werksman said.

Snyder tentatively denied the motions for acquittal on both counts, suggesting she might toss one of the verdicts.

Prosecutors are asking that the judge sentence Gartenlaub to 10 years behind bars.

No new court date was immediately set.

City News Service