Sex offender can represent self
Nevada Appeal News Service
FALLON ” A convicted sex offender accused of molesting a Fallon boy, having the child pose for nude photos and possessing child pornography, can defend himself at his June trial and have access to the state’s evidence ” hundreds of images of child pornography, a judge determined this week.
Daniel Green, 42, petitioned the court to be his own counsel a few months ago. After being questioned Tuesday by District Court Judge Leon Aberasturi, his request was granted.
Green, who spent 15 years of a 30-year sentence in an Oregon prison for attempted sodomy and kidnapping of a 7-year-old boy, told Aberasturi he was familiar with the legal process and the difficulties he could face.
He was on parole when he was arrested in Churchill County.
Green was sentenced in October to 19 months to four years in prison on a previous charge for failing to register as a sex offender. He was sentenced so he would go immediately to prison since his trial centering on the sex crimes was several months away.
Green is charged with one count of lewdness with a child, four counts of using a minor in the production of pornography, three counts of using the identification of another to harm a person and 265 counts of possession of child pornography.
In making his ruling, Aberasturi pointed out Green has 14 years of education and had been through the legal process before.
Green wanted access to all of the evidence, including pictures of child pornography, saying he had to view them a few times to prepare for trial.
“You do know you will not have unfettered access to all of the pictures,” Aberasturi said. “It will be limited. Prisons and jails do not allow child pornography.”
Green maintained that if he has to follow the court rules and procedures as any other attorney, he should be able to view the photographs.
“You are not going to get special privileges because you are representing yourself,” Aberasturi informed him.
“I will need to be at a place where I have access,” Green replied. “Being in prison does not prevent me from having access to a proper defense.”
Aberasturi said that decision will be left up to the prison. Green was told the state will contact the prison to find out its restrictions on child pornography.
Public Defender Chet Kafchinski was appointed to be Green’s standby counsel, but he will likely have a limited role in the defense. Green also asked for pens, notebooks and file folders but was told by the judge the prison system decides what items can be housed in cells.
If convicted on all of the charges, Green could spend hundreds of years in prison.