Pediatrician Arrested on Charges of Possessing Child Pornography
A Broward pediatrician is facing federal charges after getting caught with child pornography. Initially, the charges had been filed by the State of Florida, but often, the State will defer to the federal government when the Feds expresses a specific interest in prosecuting a local defendant. In this case, the fact that a pediatrician is also a pedophile shocks the community conscience such that authorities want to put this man away for a very long time.
Michael Mizrachy will now face federal charges related to the unlawful possession of child pornography. He has been ordered to stay away from children. However, he has petitioned the court to allow him to continue to practice medicine virtually, while he awaits his trial. His lawyer said he could install a pornography blocker while he is meeting with patients.
Some Facts of the Case Not in Dispute
It looks as if the doctor has already admitted to police officers that he has a sexual attraction to children. The police say they have ample evidence to prove the same. Among the evidence the police have against Mizrachy:
- A pornographic video they say depicts child pornography
- Photos taken of his daughter and her friends in their bathing suits and underwear (ages 10 to 15)
- Inappropriate communications and pictures shared with a 15-year-old
What you need to understand is that it’s not a crime to be attracted to minors. It’s a crime to act on that attraction. Still, there is enough here to be quite troubling.
Facts Likely to be Disputed
There will be some question as to whether or not the pornographic video they found in the doctor’s possession actually depicts children or models that look younger. The former is illegal while the latter is not. In most cases, without knowing who is in the video, it can be very difficult to “prove” that the actors are underage.
Further, while disgusting, taking pictures or having pictures of minors in bathing suits for the purpose of masturbation isn’t illegal, but it certainly indicates a propensity for being a) a peeping tom and b) attraction to minors. These would certainly be red flags for any forensic psychologist or psychiatrist that worked with this patient. While peeping is illegal when the person peeped has an expectation of privacy, it is unclear if the doctor did anything wrong by taking these photos.
That leaves us with the inappropriate communications and pictures exchanged with a 15-year-old. If they have evidence of the communications, explicit photos, or anything else, then all they would need to prove is that the doctor knew the girl was only 15 when he sent the pictures. If he didn’t, then he didn’t do anything illegal.
Talk to a Federal Charges Defense Attorney Today
The Matassini Law Firm defends clients from federal charges. If you’ve been charged under federal law, then you need a Tampa criminal attorney who has experience arguing in federal court. Call today and allow us to begin building your defense immediately.