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September 25, 2004
South Connellsville man wants evidence in child abuse case suppressed
By Jennifer Harr, Herald-Standard
A South Connellsville man wants the evidence in a child abuse case against him suppressed.
John T. Stagner Jr., 44, though his attorney, deputy public defender David Kaiser, asked a Fayette County judge Friday to throw out more than two-dozen photos of naked young children because they were illegally obtained by police.
Trooper Russell Freed testified that he was called to a Cramer Avenue home on March 15 when a home health-care worker taking care of Stagner's mother saw the pictures lying near a computer. Freed testified that when he went to the home, the woman let him in, and showed him the pictures.
Kaiser argued that, because police did not have a warrant to enter the home, they should not have come inside.
In all, Freed said, there were 23 Polaroid photos and five sheets of photos that appeared to be computer generated.
Kaiser also argued that those photographs, which he claimed were illegally obtained, led police to the children shown in them. Those children alleged to police that Stagner inappropriately touched them.
Assistant District Attorney Jack R. Heneks Jr. argued that police properly seized the photographs because they were let into the home and the pictures were in plain view.
Stagner is charged with 11 counts of involuntary deviate sexual intercourse, 12 counts of indecent assault, three counts of corruption of minors and 62 counts of sexual abuse of children. The girls Stagner allegedly abused are 13, 10 and 6 years old.
Police alleged he took pictures of them while he was assaulting them.
Stagner remains lodged in prison in lieu of $100,000 bond.
Judge Steve P. Leskinen, who noted he was inclined to deny the motion, will rule at a later date.
Posted by Nealus at September 25, 2004 11:12 PM
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