Number of videos – counter, how many watch
The State may make a big deal out of the number of contraband files that the defendant possessed on the computer. The more files, the more guilty the defendant because it will be less likely that these files were obtained by mistake. Of course this presupposes a number of issues that I will not get into here. The bottom line is that the defense should be prepared to argue that, absent a confession directly on this issue, it doesn’t matter how many files the defendant had since there is no evidence that the defendant watched more videos than what his statement indicated. For example, if the defendant describes watching two videos but has two hundred, there is no evidence that he/she watched any of the other 198 videos.