An upstate New York district attorney’s office is facing a lawsuit, after it allegedly shared child pornography images of a teenage influencer as well as footage of her being horrifically murdered.
The family of Bianca Davis, 17, is suing the Oneida District Attorney’s Office after it released child pornography of Devins to the press in violation of federal law, the federal suit, filed in the Northern District of New York, states.
Bianca Devins was found dead in July 2019, after her boyfriend, Brandon Clark, 23, butchered her in his SUV after a concert.
The family of Bianca Davis, (left) 17, is suing the Oneida District Attorney’s Office after it released child pornography of Devins to the press in violation of federal law, the federal suit, filed in the Northern District of New York, states
Bianca Devins was found dead in July 2019, after her boyfriend, Brandon Clark, 23, butchered her in his SUV after a concert
Clark slit Devins’ throat after he filmed the two having sex, then posted photos of her lifeless body on Instagram — where it remained for nearly a day before it was removed.
In a Utica court room in February, Clark apologized to the judge, saying that Devins ‘didn’t deserve what happened to her.’
‘I think I need to realize what I did I can’t undo, as much as I want to,’ Clark said.
‘I have to face it.’
Clark continued: ‘I apologize to all the people that knew and loved her.
Clark was later prosecuted by the Oneida District Attorney’s Office, which used the videos and images as their primary evidence to prompt a guilty plea from him last year.
Clark (pictured) allegedly slit Devins’ throat after he filmed the two having sex, then posted photos of her lifeless body on Instagram — where it remained for nearly a day before it was removed.
Bianca’s mother, Kimberly Devins, had continuously been concerned with the gruesome video of her daughter’s final moments being released and going viral online, the lawsuit states.
Devins later discovered Oneida prosecutors shared the footage with multiple media outlets after they assured her videos would never be released, the suit says.
In addition, the DA’s office also shared nude images of Bianca taken from her phone after it was seized from the murder scene.
‘Our family is forced to live the violence over and over on social media because of what the murderer posted. It’s unbearable that the ones who were supposed to protect Bianca – the DA’s Office – are instead engaging in child pornography as if she has no right to privacy,’ Kimberly told The New York Post.
‘The DA’s office has been reckless and casual with who they provide my daughter’s private images and last living moments with; meanwhile they refuse to let her own family see the evidence.’
In February 2020, Clark entered a plea deal with the understanding he could face 25 years to life behind bars.
Clark, whose sentencing was scheduled for April 2020, initially pleaded not guilty.
In February, Clark admitted that he ‘sliced’ Devins’ throat multiple times after he witnessed her kissing another man.
Bianca’s mother, Kimberly Devins, had continuously been concerned with the gruesome video of her daughter’s final moments being released and going viral online, the lawsuit states.
After Kimberly and her attorney confronted the DA’s office about the released footage, they informed her New York’s child porn laws didn’t apply to Bianca Devins because she was 17 at the time of the murder
The DA’s office said they didn’t release the content pursuant to freedom of information law, which indicates they willingly handed it over, the lawsuit claims.
Attorneys for Bianca Devins’ estate claim the Oneida DA’s office shared the footage to curry favor after they were portrayed negatively in an unrelated case that was the subject of an NBC Dateline feature.
‘Upon information and belief, the DA’s Office saw the murder of Bianca Devins as the perfect opportunity for redemption in the media, and as a result, courted the press and documentary makers [by] enthusiastically turning over… illegal evidence to them that exploited Bianca’s privacy and rights, not to mention federal child pornography laws,’ the suit alleges.
After Kimberly and her attorney confronted the DA’s office about the released footage, they informed her New York’s child porn laws didn’t apply to Bianca Devins because she was 17 at the time of the murder.
The DA’s office said they had the right to publicize Bianca’s nude images and sex video.
In addition, Bianca was already a victim of child pornography when she was 15 — a crime that sparked Clark’s jealousy which supposedly led to her murder.
Carrie Goldberg, the attorney representing Bianca Devins’ estate, told The Post Oneida prosecutors ‘must be held responsible for distributing snuff films and child pornography featuring Bianca.’
‘It hurts my heart and confuses my brain that a 17-year-old murder victim would be further abused by authorities who gave no damn about her privacy. Bianca will be vindicated here,’ Goldberg, whose law firm focuses on sexual privacy violations, said.