201102P.pdf   06/11/2021  United States  v.  Loren Copp
   U.S. Court of Appeals Case No:  20-1102
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Benton, Author, with Gruender and Shepherd, Circuit Judges] 
   Criminal case - Criminal law. In a prosecution for production of child 
   pornography, the district court did not err in denying defendant's 
   request, on the fifth day of trial, to photograph and introduce pictures 
   of his penis so that he could show the penis in the pornographic images 
   was not his; photos taken years after the production of the pornography 
   had little probative value in showing defendant's penis's appearance at 
   the time the images were taken; further, the probative value of the 
   evidence was substantially outweighed by prejudice to the government from 
   undue delay; alternatively, the court did not abuse its discretion by 
   excluding the photos as a discovery sanction for late disclosure; here, 
   where defendant had opposed the government's efforts to photograph his 
   penis before trial, the discovery violation was willful and motivated by a 
   desire to obtain a tactical advantage, and the Compulsory Process Clause 
   of the Sixth Amendment did not require admission of the evidence; nor did 
   defendant's constitutional right to present a complete defense require 
   admission of the photos as defendant had an adequate opportunities to lay 
   the foundation for his defense; even if the court's decision was error, it 
   was harmless as the evidence supporting defendant's convictions was 
   overwhelming; similarly, the court did not abuse its discretion by denying 
   defendant's request to allow his former cellmate to testify about 
   defendant's penis.