2021 Kentucky STARK Prosecutor Symposium

Descriptions and Learning Objectives for Selected STARK Symposia or Individualized Presentations

Internet 101

This workshop will explore several technological concepts with relevance to the investigation and prosecution of technology-facilitated child abuse, including the basic functions and structure of the internet, common applications and platforms, the dark web and anonymization trends, and the proliferation of online child sexual exploitation.

Learning Objectives:

1. Summarize the basic functions and structure of the internet.

2. Articulate the legal and investigative implications of the dark web and anonymization technology.

3. Describe the increasing quantity and forms of online child sexual exploitation.

Digital Forensics 101

A basic understanding of digital forensics is critical to a prosecutor’s assessment of evidence, guidance of child exploitation investigations, and courtroom performance. This workshop will define key terms and processes in the field of digital forensics, explore key forensic artifacts, and discuss legal challenges surrounding mobile devices and other evidentiary sources.

Learning Objectives:

1. Define digital forensics and its fundamental processes.

2. Summarize common legal challenges in the context of mobile device search and seizure.

3. List key forensic terms and technologies.

Child Exploitation Investigations 101

This workshop will equip multidisciplinary teams with practical investigative and prosecutorial strategies for technology-facilitated child abuse cases. Topics include systemic best practices for conducting abuse investigations, locating potential sources of corroborative evidence, understanding offender communication strategies, and utilizing hearsay exceptions.

Learning Objectives:

1. List common repositories for corroborative digital evidence.

2. Articulate best practice for conducting child exploitation investigations.

3. Describe offender strategies in the digital age.

4. Summarize pertinent hearsay exceptions and their utility for statements obtained during child abuse investigations.

Admissibility of Social Media and Digital Evidence

This workshop will explore common challenges to social media and digital evidence, with an emphasis on comprehending and countering authentication and hearsay challenges. Instruction will focus on relevant case law and rules of evidence, including various jurisdictional approaches and prosecutorial strategies.

Learning Objectives:

1. Articulate common judicial approaches to social media evidence.

2. Summarize pertinent rules of evidence for the admission of social media and digital evidence.

3. Comprehend and counter authentication and hearsay challenges to the admissibility of forensic artifacts.

Anticipating and Countering Defenses in Technology-Facilitated Child Abuse Cases

This workshop will explore six common defenses in cases involving child sexual abuse material. Instruction will focus on investigative and prosecutorial response to these defenses, as well as contextualizing and/or refuting defense mitigation arguments at sentencing.

Learning Objectives:

1. Contextualize and refuse sentencing mitigation arguments in child exploitation cases.

2. Articulate responses to staleness attacks on search warrants for digital evidence.

3. Comprehend common defenses to accessing child sexual abuse material, and summarize legal and investigative responses.

Direct Examination of the Digital Forensics Examiner

This workshop will review tactical and substantive considerations while conducting direct examinations of digital forensic examiners in child exploitation cases. Instruction will include trial preparation strategies, jury considerations, and live demonstration of direct examination excerpts.

Learning Objectives:

1. List key considerations for jury interactions in cases involving digital evidence.

2. Articulate a trial preparation strategy for digital forensics examiners.

3. Summarize the key components of a successful direct examination.

Cross-Examination of the Digital Forensics Defense Expert

This workshop will review tactical and substantive considerations while conducting cross-examinations of digital forensics defense experts in child exploitation cases. Instruction will include preparation strategies, review of the defense expert’s curriculum vitae, potential lines of questioning, evaluating digital forensics reports, and a live cross-examination demonstration.

Learning Objectives:

1. List key considerations for cross-examination preparation and analysis of witness expertise.

2. Describe the evaluation of a digital forensics report.

3. Summarize potential lines of questioning for digital forensics experts in child exploitation cases.

Part of the Office of the Attorney General's ongoing efforts to end child abuse in the Commonwealth includes ensuring Kentucky’s multi-disciplinary team (MDT) members have access to cutting-edge training. To that end, in partnership with Zero Abuse Project, the Kentucky Office of the Attorney General is pleased to offer the 2021 STARK (Stopping the Technology Assisted Abuse of Rural Kids) Symposium on June 24-25.

This free, virtual, two-day training is exclusively for Kentucky’s MDT members which includes Commonwealth’s and County Attorneys, Assistant Commonwealth’s and County Attorneys, law enforcement officers, CAC personnel and DCBS workers and any others who are current members of a MDT.

The training is designed to aid those individuals in delivering justice for victims of child abuse and neglect, by offering training on technology which is often employed in furtherance of abuse.

Led by some of the nation’s top child abuse prosecution experts, the training will provide information about internet fundamentals including the dark web and anonymization trends, digital forensics 101, admissibility guidelines and approaches to social media and digital evidence and anticipating and countering defenses in technology-facilitated child abuse cases. To learn more about the topics covered during the training, see the attached Agenda.

The Kentucky Office of the Attorney General has received approval from the Kentucky Bar Association for prosecutors to be eligible for up to 14.5 hours of continuing legal education credits. Social work CEUs pending. Funding for continuing education approved by the Child Sexual Abuse and Exploitation Prevention Board from the Child Victims’ Trust Fund.

Registration closes at 12 p.m. (Noon) EST on June 23rd.

Please don’t hesitate to reach out if you have any questions.

Robert J. Peters Biography

Robert J. Peters is the Senior Attorney of the Zero Abuse Project, where he develops and delivers state-of-the-art training and comprehensive technical assistance to prosecutors and child abuse multidisciplinary team members on crimes against children.

Previously, Robert worked as the Senior Cyber and Economic Crime Attorney & General Counsel with the National White Collar Crime Center (NW3C), where his efforts included providing subject matter expertise on topics and training related to technology-facilitated child exploitation, and acting as lead instructor for NW3C’s Judges & Prosecutors courses.

Mr. Peters served as Assistant Prosecuting Attorney and Special Prosecutor in multiple West Virginia jurisdictions, where he specialized in the prosecution of sexual offenses, civil child abuse and neglect cases, and juvenile crime.

In addition to his prosecutorial experience, Robert authored several child protection-related articles in peer-reviewed publications, including the Florida Journal of International Law, Handbook on Interpersonal Violence Across the Lifespan, and Christian Ethics Today. While in law school, Peters clerked at the United States Attorney’s Office, Western District of Virginia.

Prior to serving as prosecutor, Robert designed comprehensive child protection policies for numerous entities including educational institutions, churches, and parachurch organizations. He assisted the nonprofit GRACE (Godly Response to Abuse in the Christian Environment) by providing legal support and serving as an investigator of abuse perpetrated in the context of faith communities.

Mr. Peters is the founder and Chairman of the SHIELD Task Force, a 501(c)(3) nonprofit that partners with Child Advocacy Centers and local stakeholders to encourage reporting of sexual abuse and online safety. This initiative has brought age-appropriate abuse prevention education to thousands of school-aged children and numerous civic and community groups. Mr. Peters also serves on the WV Child Advocacy Network (WVCAN) Board of Directors and WV Human Trafficking Task Force. In 2019, Robert received the WV State Police Center for Children’s Justice Extra Mile Award for demonstrated professional leadership and personal commitment in going the Extra Mile on behalf of children and families.

Victor Vieth Biography

Director, Education and Research

Victor Vieth, JD, MA, is the Director of Education and Research for Zero Abuse Project. In this role, he develops long-term strategy for expanding Zero Abuse Project and its programs nationally and internationally. He also teaches, publishes, creates programs and works on public policy issues related to child protection.

Victor is in demand as a nationally recognized expert in the field of interpersonal violence. He has trained thousands of child protection professionals from all 50 states, two U.S. Territories and 17 countries on numerous topics pertaining to child abuse investigation, prosecution and prevention. Victor has been instrumental in implementing 22 state and international forensic interview training programs and dozens of undergraduate and graduate programs on child maltreatment.

Victor gained national recognition for his work addressing child abuse in small communities as a prosecutor in rural Minnesota. He has been named to the President’s Honor Roll of the American Professional Society on the Abuse of Children. The Young Lawyers Division of the American Bar Association also named him one of the “21 Young Lawyers Leading Us Into the 21st Century.” Victor is regularly asked to consult with legislators around the country regarding policy and reform and has testified in front of the United States Senate. Numerous foreign countries, including Saudi Arabia, Russia, and Columbia, have sought his expertise to guide them as they create and implement ground breaking child protection policies.

Victor has published countless articles related to the investigation, prosecution and prevention of child abuse and neglect. He is author of “Unto the Third Generation,” a bold initiative that outlines the necessary steps we must all take to eliminate child abuse in America in three generations.

Victor graduated magna cum laude from Winona State University and earned his juris doctor from Hamline University School of Law (HUSL). While studying at HUSL, he received the American Jurisprudence Award for achievement in the study of constitutional law and served as editor-in-chief of the “Law Review.”

For more information please visit www.ZeroAbuseProject.org/education-training or email trainings@zeroabuseproject.org