Tape in sex case can be copied

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Friday, May 14, 2004 | 9:45 a.m.

SUN CAPITAL BUREAU

CARSON CITY -- The Nevada Supreme Court ruled Thursday that defense attorneys are entitled to a copy of a videotape of a 14-year-old girl having sex with men at a party in Reno.

The court said there is nothing in the law that precludes child pornography from being copied for the purpose of defending criminal charges.

Three men and a woman are charged with lewdness and using a minor in producing pornography. A videotape was made at the party, and the Washoe County district attorney's office has allowed defense lawyers to view it but not to have copies.

The girl told police she went to the party to drink but then passed out and did not remember anything until she woke up in the hospital. A nurse who examined her said the girl had been sexually assaulted.

Authorities allege the videotape shows Doni K. Hodge kissing the girl and Ryan A. Barnes having sex with her. Claude Emerson Jr. videotaped the sexual intercourse, authorities allege.