Trial Still Pending In Child Pornography Case


Seven months after a grand jury indicted a 72-year-old man on 10 counts of sexual exploitation of a minor, a trial is still pending due to a hold up in forensic evidence.

On Monday, the man appeared in court with his attorney Elizabeth Flynn, who said she has not seen any evidence, including 54 compact discs, floppy discs and thumb drives reportedly holding dozens of images of underage children because the state is still analyzing them.

It is the Roundup’s policy not to name victims or suspects in sex crimes. Suspects will only be identified after a conviction.

Flynn told Superior Court Judge Peter Cahill that her office has conducted four lengthy interviews, two of which have been transcribed since the last court hearing.

Once Flynn has access to the evidence, she plans to have it analyzed by an expert.

Until then, her client is waiving his rights to a speedy trial.

Flynn told Cahill that she anticipates the state releasing the evidence, she just does not know when.

Police arrested the man Oct. 5, 2009 after a computer technician reportedly uncovered several images of underage children on the man’s computer while trying to fix viruses on the machine.

According to a police report, on Oct. 2, several computer technicians reportedly found pornographic images of underage girls in the backup folder of the data drive on the man’s computer.

When police later searched the man’s home, they found a flash drive holding several pictures of young girls under 18 years old, a paper titled, “How to hide porn on your computer” and another paper showing how to find images of young girls.

The man told Payson Police Detective Matt Van Camp that he had nothing to do with the images and that they appeared because of a virus.

On Oct. 13, the man was arraigned in a Gila County courtroom and pleaded not guilty to the charges.

On Monday, Flynn said her client had no prior knowledge of what the computer technician or police found on his computer or thumb drives. She said her client spent $4,000 with the computer repair shop, who built and repaired the computer several times before for viruses.

Another case management hearing will be held in several weeks.


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