Cloudy
46°
Cloudy
Hi 58° | Lo 45°

Attorney argues against use of drugs, alcohol evidence in child pornography trial

  • Manchester attorney Lisa Biron stands to face charges of possessing child pornography in Manchester District Court;  Friday, October 26, 2012. <br/><br/>(TRICIA NADOLNY  / Monitor staff)

    Manchester attorney Lisa Biron stands to face charges of possessing child pornography in Manchester District Court; Friday, October 26, 2012.

    (TRICIA NADOLNY / Monitor staff) Purchase photo reprints at PhotoExtra »

  • Manchester attorney Lisa Biron stands to face charges of possessing child pornography in Manchester District Court;  Friday, October 26, 2012. <br/><br/>(TRICIA NADOLNY  / Monitor staff)

    Manchester attorney Lisa Biron stands to face charges of possessing child pornography in Manchester District Court; Friday, October 26, 2012.

    (TRICIA NADOLNY / Monitor staff) Purchase photo reprints at PhotoExtra »

  • Manchester attorney Lisa Biron stands to face charges of possessing child pornography in Manchester District Court;  Friday, October 26, 2012. <br/><br/>(TRICIA NADOLNY  / Monitor staff)

    Manchester attorney Lisa Biron stands to face charges of possessing child pornography in Manchester District Court; Friday, October 26, 2012.

    (TRICIA NADOLNY / Monitor staff) Purchase photo reprints at PhotoExtra »

  • Manchester attorney Lisa Biron stands to face charges of possessing child pornography in Manchester District Court;  Friday, October 26, 2012. <br/><br/>(TRICIA NADOLNY  / Monitor staff)
  • Manchester attorney Lisa Biron stands to face charges of possessing child pornography in Manchester District Court;  Friday, October 26, 2012. <br/><br/>(TRICIA NADOLNY  / Monitor staff)
  • Manchester attorney Lisa Biron stands to face charges of possessing child pornography in Manchester District Court;  Friday, October 26, 2012. <br/><br/>(TRICIA NADOLNY  / Monitor staff)

As the trial for a Manchester lawyer accused of filming child pornography begins today, her attorney is trying to strike evidence that she allegedly provided drugs and alcohol to the girl in the videos.

Lisa Biron’s attorney, James Moir, argues in his motion that the evidence is irrelevant to the specific allegations against her: that she took a 14-year-old girl to Canada to engage in sexual activity, filmed her having sex and possessed child pornography.

Moir said the state plans to present a video in which Biron narrates a tour of “the room in Canada,” pointing out “the drinks” and “the weed.” But that evidence would do nothing more than create prejudice against Biron, said Moir, who added the “jury is already being asked to put aside its passions and prejudices to decide Ms. Biron’s guilt upon the child pornography charges.”

“(T)his evidence is offered to show the bad character of the defendant only – to cause the jury to infer that because Ms. Biron is a bad person and has the propensity to commit crimes that she must have engaged in other conduct related to child pornography,” Moir wrote in his motion.

But prosecutors have argued otherwise, saying Biron gave the girl alcohol and drugs “to lower her adolescent inhibitions” and entice her to engage in sexual activity. They have accused Biron of using drugs with the girl, “often as a precursor to sexual activity” that Biron would film.

At least 12 men – three or four of whom will testify in court – would confirm that fact, according to prosecutors.

One of those witnesses, a 20-year-old man whom Biron and the girl allegedly met in an internet chat room in March 2012, has said they “arranged a rendezvous” at a Niagara Falls hotel room, according to the prosecutors.

“He will testify that the three engaged in a weekend of drinking alcohol, smoking marijuana and having sex. Specifically, he will testify that shortly before he engaged in intercourse with the 14-year-old girl for the first time, (Biron, the girl) and he drank alcohol and smoked marijuana together,” prosecutors wrote in the objection.

Biron allegedly then recorded the two having sex.

Ultimately, prosecutors argue, evidence of alleged drug and alcohol use proves a specific part of the charges against Biron, that she “did knowingly employ, use, persuade, induce, entice, and coerce” the girl to engage in sexually explicit conduct.

Moir also argues in his motion that the state failed to disclose the “general nature” of its evidence at least seven days before trial, as is required. The prosecution does not respond to this specific claim in its response.

Judge Paul Barbadoro, who will be presiding over the trial, has yet to rule on Moir’s motion. The trial, expected to last no more than three days, is scheduled to start at 9 a.m. today. The alleged victim is among the list of potential witnesses for the prosecution.

Biron was first arrested in October by the Manchester Police Department. She was charged federally in November. Her trial has come relatively quickly compared with most court proceedings, as Moir declined to waive her constitutional right to a speedy trial.

Biron, who records show became a lawyer in both New Hampshire and Massachusetts in 2008, is associated with a national coalition of Christian lawyers. She has worked with that group, the Alliance Defending Freedom, in representing a Pentecostal church on Mountain Road in its tax fight against the city of Concord.

(Tricia L. Nadolny can be reached at 369-3306 or
tnadolny@cmonitor.com or on Twitter @tricia_nadolny.)

Legacy Comments0
There are no comments yet. Be the first!
Post a Comment

You must be registered to comment on stories. Click here to register.