Source: Daily Times
Dr. David Christopher Winkler, a 35-year-old Kerrville doctor charged Friday with possession of child pornography, is innocent and may have been a victim of identity theft or a computer virus, said his attorney Richard Ellison.

More than 200 still images and eight videos of boys and girls in sexual acts were found on Winkler’s private office computer when it was seized late Thursday by agents with the Cyber Crimes Unit of the U.S. Immigration and Customs Enforcement office in San Antonio. But there have been a number of break-ins in Winkler’s office building, Ellison said via e-mail. “Dr. Winkler may have been a victim of identity theft and computer hacking, or a computer virus,” Ellison said. “What is certain is that he did not do it and did not even know it was there. This could happen to anybody who owns a computer.”

Winkler was arrested Thursday and released on bond Friday after he appeared in federal court in San Antonio. The internal medicine doctor, who is in private practice and on staff at Sid Peterson Memorial Hospital, could face up to 10 years in federal prison and a fine of $250,000.

ICE agents obtained a warrant to search computers in Winkler’s home in the 700 block of Cardinal Drive, but didn’t find any child pornography. A second warrant was issued after Winkler reportedly refused to let agents look at computers in his office at 1331 Bandera Highway. That’s where agents discovered known images and videos of pre-pubescent children engaged in sexual acts. Ellison said Winkler hadn’t refused agents’ search request. Instead, on advice of legal counsel, Winkler asked agents to show a valid search warrant, a Constitutional requirement, Ellison said.

Winkler’s charge is part of a larger inter-state investigation. In February, ICE received information that Winkler and others had purchased access to child pornography Web sites. It is not certain whether Winkler will lose his medical license or privileges to see patients at Sid Peterson Memorial Hospital. He was not in his office on Friday, and another doctor had been assigned to care for his hospital patients. Winkler graduated in 1994 with a bachelor’s degree in biology from the University of Texas at Austin and earned a medical degree in 1999 from the University of Texas Health Science Center in San Antonio. He is married and has two young children.

Ellison, who with local attorney Brett Ferguson will represent Winkler, said the charge against the respected Kerrville doctor is a mistake. “He is innocent, and we will fight these charges and he will be completely exonerated,” Ellison said. “This is a nightmare for him and his family. They know he is innocent, and they are standing by him through this ordeal.”