FAIRFAX, Va. (WUSA) -- Defense Attorneys for the three West Springfield High School boys charged with child pornography are blasting the charges.
The attorney who represents the youngest of the boys says what they did was not criminal, just stupid.
"I don't think the girls are victims any more than the boys are victims. They should've avoided this conduct," said Defense Attorney Lefffler, who is representing a boy who was 14 at the time of the alleged crimes.
Leffler has seen the 10 videos and says some are as short as 10 seconds and as long as 3 minutes. They involve sexual combinations of the three boys and six girls who are all high school students at either West Springfield or Robinson and Lake Braddock Secondary Schools. Leffler says the videos were all taken on one boy's cell phones over the course of the past year.
"They are made to the extent that one boy is running into a room where a couple is engaged in consensual sex and turning on his cell phone. That's the extent of the production," said Leffler.
Leffler talked to WUSA9 to clear up something that he said has been misreported by other news outlets, "None of the films that we have seen show any girl, apparently anyway, under the influence of drugs or passed out."
Leffler says in each of the videos, the girls appear to know they're being recorded.
"In at least two of the videos, the girls are speaking directly to the cell phone camera. One is sitting cross-legged on a bed, she's nude from the waist up and she's singing a song into the camera. The other one is facing the camera, talking to the camera while she's engaged in fondling with a boy."
Leffler says the boys only shared videos with each other.
Mark Petrovich and Gretchen Taylor, separate counsel for the other two charged boys, the 16 years old, released this statement:
On behalf of our clients, who are also victims in this case, especially since the media repeatedly and irresponsibly published false information, we would like to provide the following information. The police investigation in this case was launched based on information provided by a third party juvenile who admitted to providing completely fabricated information based on a personal agenda. That juvenile has provided to the police a statement establishing that fact.
There were no images or videos uploaded to the internet. There is no "ring" of "child exploitation," or exploitation of any kind. There were never any nonconsensual sexual acts undertaken by anyone.
The allegation of child pornography remains disputed, and our clients have pleaded not guilty. It is disappointing that nameless, faceless, anonymous and uninformed
bloggers converted false and unsubstantiated rumors into a mainstream story that was initially irresponsibly promulgated by the media.
"I can see why the girls would want to say they didn't know they were being filmed. But the evidence so far is that they did," said Leffler who is trying to get the charges thrown out.
WUSA9 asked Fairfax County Commonwealth's Attorney Ray Morrogh whether the girls could also be charged with child pornography if they knew that they were being recorded. He said he could NOT comment on the details of the case but stood by the charges and said the victims, the girls in this case, will not be charged.
WUSA9 spoke with Commonwealth's Attorney Ray Morrogh on Wednesday and asked him whether the girls could also be charged with child porn if they knew that they were being recorded.
He said he could not comment on the details of the case but stood by the charges and said the victims, the girls in this case, will not be charged.