Based on Mr. Downing's statements in the article, he was unaware of the incest videos. If he was unaware that they existed, he wouldn't have been able to ask about them.
I have no idea whose responsibility it was to notify Mr. Downing about the images.
However, apparently, Washington State Assistant Attorney General John Long was aware of the materials.
On Jan. 30, the sheriff's office arranged a viewing of the materials, said Sherry Hill, a spokeswoman for the Department of Social and Health Services.
Among the attendees were Long and a Child Protective Services social worker. Downing said he wasn't notified of the viewing. Long confirmed Downing had been listed as one of those allowed to see the images. However, Downing was not technically a party to the Feb. 1 hearing, which was between Powell and the state, so there was no rush to make sure Downing saw the materials beforehand.
http://www.boston.com/news/nation/a...ewsbreak_powell_had_incestuous_images/?page=2
My question is regarding the February 1 hearing. Was this not a custody review hearing, during which the court-appointed psychologist (who had been invited to view the incest videos) recommended a psychosexual evaluation?
I'm mystified as to why visitation wasn't revoked until a more thorough case review could have been conducted, given the knowledge the psychologist and the State Attorney's office possessed.
I'm also mystified as to why Mr. Downing wasn't invited to the viewing of the pornographic materials, especially since he was named as an approved party in the Utah Judge's sealed court order.