‘Top Gun’ request highlights absurdity in child rape case

Weldon Marc Gilbert, the millionaire Lake Tapps, Wash., pilot and convicted pedophile who prosecutors say is acting as his own attorney in part to gain unlimited access to child pornography in prison, continues to peeve off his courtroom counterparts.

In 2009, Gilbert pleaded guilty in federal court to 31 counts of producing child pornography and was sentenced to 25 years in prison.

Gilbert, 51, now faces state charges of child rape, child molestation and possession of child pornography in Pierce County, and is set to go to trial in July.

Acting in his own defense, Gilbert has been granted copies of the evidence against him: homemade pornographic videos, some of which depict him spanking, caning, and sexually assaulting young boys.

But for prosecutors, Gilbert’s requests have now transcended the sinister into the frankly, annoying.

Through a series of pretrial hearings that began in January and culminated this week, Gilbert sought to have access to what he deemed was evidence against him that had not been turned over, including a copy of “Top Gun.”

Yes, that “Top Gun.” Maverick, Goose, Iceman; that “Top Gun.”

It was seized from Gilbert’s home, among a number of other videos, but a copy was never turned over to him because prosecutors believe it lacks evidentiary value. He claims the state has hindered his ability to prepare his defense by denying him copies of the remaining evidence, which also includes blank DVDs and commercial pornography.

“If tangible evidence was taken from or belonged to the defendant, they [the prosecution] are obligated to produce a copy. We get the same bucket of evidence to work from,” Gilbert argued during a hearing in Pierce County Superior Court on Wednesday.

Judge Ronald E. Culpepper quickly fired back, telling Gilbert that aspects of the request seemed ridiculous.

“Mr. Gilbert, do you want them to actually make a copy of ‘Top Gun,’ for example,” Culpepper said. “They took that from your house.”

“I need a copy of everything they took from my house,” Gilbert countered.

“But Mr. Gilbert, reality enters,” Culpepper said, as the courtroom bailiff struggled to hold back laughter. “It’s a waste of everybody’s time and money to make a copy of ‘Top Gun.’ If you want to review it, if you think that will help your case, I guess if you can convince me, I could require them to deliver it to you, but that seems kind of pointless, frankly.”

Although Culpepper used the movie to make a point, it was not the “Top Gun” DVD Gilbert was really after.

“The ‘Top Gun’ issue, your honor, I don’t need a copy of ‘Top Gun,'” Gilbert said. “I do need a copy of the commercial [pornography] videos they’re talking about for reasons that will become clear later.”

Judge Culpepper denied the request on Thursday. He agreed with the state that “Top Gun,” commercial pornography, and blank DVDs have no bearing on the case.

But Gilbert was successful in one thing: wasting the court’s time.

“Why would anyone request copies of blank tapes for any purpose other than to drag on the process,” said Pierce County Prosecutor Mark Lindquist. “We see a lot of absurdity in the courthouse, but this case stands out.”

Lindquist said his office is prepared to keep the case on track for Gilbert’s July 30 trial date. They have “the need for speed,” if you will.

“Some of what has gone on in the courtroom is absurd, but our prosecutors are seasoned, we’re prepared to deal with these issues, and we just keep rolling forward,” he said. “Sometimes the defense may try to take the case on tangents, we try to bring it back to focus.”

A new bill, which was signed into law back in March, prevents prosecutors from having to copy and distribute child pornography to the defense during criminal cases in the future. The law was created amid outrage from the public and prosecutors over the Gilbert case and his ability to view such material in prison.