A federal judge on Wednesday denied a request to dismiss charges against a prominent attorney, rejecting his arguments that authorities overreached in accusing him of destroying evidence in a child pornography investigation.
Philip Russell was charged Feb. 16 with destroying a computer that contained child pornography at Christ Church in Greenwich. A former attorney for the church, Russell is accused of obstructing an FBI investigation that led to the January conviction of the church’s music director, Robert Tate, for possessing child pornography.
Former President George H.W. Bush attended the church while growing up and funeral services for his parents were held there.
Russell was charged under the Sarbanes-Oxley Act, which Congress passed in 2002 after a wave of corporate accounting scandals. He faces up to 40 years in prison if convicted.
The law made it easier to prosecute obstruction of justice by requiring only that an investigation was foreseeable rather than already pending.
Russell acknowledges he destroyed the computer, but says he had no reason to believe the matter was under investigation or that it would lead to an investigation. Russell said the law was meant to prevent corporate document shredding.
The Connecticut Criminal Defense Lawyers Association also urged the court to dismiss the charges against Russell, saying the case could open the floodgates for authorities to prosecute lawyers.
But U.S. District Court Judge Alan Nevas said the indictment alleged enough of a link between Russell’s conduct and an investigation.
“In sum, there is no merit to Russell’s arguments, which essentially ask the court to make a factual determination that the government cannot prove a nexus or intent,” Nevas wrote. “It is well settled that such factual determinations are for a jury, not the court, to decide after hearing the government’s proof and being instructed on the law.”
Nevas also rejected Russell’s argument that the law was limited to destruction of corporate records, saying legislative history shows it was intended to apply to a wide range of cases.
Russell’s attorney, Robert Casale, said he was not surprised by the ruling, noting that such motions are tough to win but can be renewed later after evidence is presented. Prosecutors declined to comment.
The trial next month could spell the end of a career for Russell, whose recent clients included Andrew Kissel, a wealthy Greenwich developer charged in a multi-million dollar real estate fraud case. Kissell was found slain in his home last year days before he was to plead guilty.
