Tacoma, WA — Talk about one hell of a loophole. Weldon Marc Gilbert, 47, was accused of giving young boys alcohol and spank their bare buttocks. Prosecutors said Gilbert allegedly engaged up to 20 teens in masturbation, oral sex and anal sex.

He pleaded guilty in April to 31 counts of production of child pornography, two counts of transporting a minor across state lines to engage in sexual activity and two counts of obstruction of justice after one of his victims called police.

Hundreds of  DVD’s and tapes containing nearly 30 hours of child rape and molestation were confiscated from Gilbet’s home and used to convict him in federal court. He now gets to watch those tapes anytime he wants, while in jail because he serves as his own attorney, allowing him access to the evidence used against him.

“There is case law that that allows criminal defense attorneys access to evidence and courts have specifically ruled that they should have access to viewing child porn if it’s being used as evidence. This defendant is acting as his own attorney and therefore has the same access,” said Mark Lindquist, Pierce County prosecuting attorney.

A judge approved Gilbert’s request to watch the videos based on a previous Washington Supreme Court ruling that allows a defense attorney to review evidence against a client. So corrections officers at the Pierce County jail have to set aside a private room for Gilbert so that he can view his own tapes along with a private investigator he hired.

Gilbert may want to cram as much masturbation material in is sick head as possible as Lindquist is hoping to put a stop to this and plans on appealing the judge’s ruling. “We don’t have to turn over the guns used as evidence for a defendant … and it’s absurd that we have to turn over the child porn as evidence,” said Lindquist.

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