Bello v. GeorgiaAnnotate this Case
In 2013, a grand jury indicted Yonatan Bello for sexual exploitation of children, alleging that he unlawfully possessed video recordings that depict children engaged in sexually explicit conduct. Pursuant to OCGA 17-16-4 (a) (3), Bello demanded that the State produce the video recordings, as well as a written report that was prepared by law enforcement personnel in connection with a forensic examination of Bello’s personal computer. The prosecuting attorneys offered to make arrangements for the defense lawyers to inspect those materials at a secure law enforcement facility, but because the materials contained depictions of children engaged in sexually explicit conduct, the prosecuting attorneys refused to provide copies of the materials to the defense. Bello continued to insist that he was entitled to copies of the video recordings and forensic report, so he filed motions to compel the State to produce copies of those materials. The trial court denied the motions, and this appeal followed. After review, the Supreme Court concluded that OCGA 17-16-4(a)(3)(B) was constitutional on its face, and based on the record of this case, concluded it was constitutional as applied in this case. Accordingly, the trial court properly denied the motions, and the Court affirmed the trial court's judgment.