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On February 12, 2003, the government filed a superseding indictment, charging Schnepper with 8 counts.

The original count, 6 counts of violating , and one count of violating (a)(1) and (b)(1), transporting and shipping child pornography.

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On the same day, Schnepper filed a motion to dismiss Count 8 on the grounds the image was commercial adult porn, not child porn.

Attached to the motion was a declaration from Kawana and several exhibits. If the defendant in Crow could be convicted of attempting to get someone he to be a minor to make a sexually explicit video, then the defendant in this case can also be convicted of attempting to transport a sexually explicit picture of someone whom he believed to be a minor.

Ordered by the court to provide defendant with a copy of his hard drive, feds then charge him with a child porn offense.

Defendant’s expert discovers the alleged image is commercial adult porn involving Melissa Bertsch and Dave Cummings.

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