IA- Davenport Police officer filed false report in child porn case

6-18-2008 Iowa:

A Davenport police officer admitted in court Tuesday that he initially filed a false report when he discovered child pornography on Paul Wells’ computer in 2003, but the judge reserved his decision on whether that error is enough to keep the evidence from his trial.

Wells, who spent the past five years in Panama, and his attorney David Treimer argue that police discovered the photos only after searching his computer for evidence of drug dealing following an early morning home invasion at Wells’ apartment in July 2003.

Wells, who is a registered sex offender, is charged in U.S. District Court, Davenport, with two counts of possession of child pornography and criminal forfeiture in violation of exploitation of minors. Police allegedly found 20 photographs and 15 videos of child pornography on his computer.

Davenport police who testified Tuesday said they found drug materials in a vacant apartment next door to Wells and had suspicion that the home invasion stemmed from drug deals involving Wells. Wells is not facing charges for drug dealing, and police who testified Tuesday could not recall if they found any evidence of drugs in his apartment.

Wells was taken to the hospital after being injured during the home invasion. His wife, Velky Wells, who is now in Panama, gave police permission to search the home while at the hospital, but Treimer argued that she didn’t understand English and didn’t realize she was consenting to a search for drugs.

Prosecutors and police say the consent warrant was in Spanish, except for the portion that listed exactly what police would be looking for. The officer who had her sign the warrant said he didn’t know Spanish but was certain that Wells’ wife understood what she was agreeing to.

Detective Lance Denger said in his report that he was searching for drugs when he tripped over an exercise bicycle, woke the computer from sleep mode and found a picture of children around the age of 10 involved in sexual activity. He said he did not know at the time that Wells was a registered sex offender.

During Tuesday’s hearing, Denger acknowledged that his report was wrong and he activated the computer to search for evidence of drug dealing, such as ledgers or photographs when he found the child pornography.

When questioned by Treimer, Denger could not recall how quickly he called his lieutenant to advise him of what he found.

Treimer argued that police had little need to search the computer and suggested it was unlikely they would find evidence of drug dealing on the machine. He also said Wells’ wife would not have consented to the search if she better understood what they were looking for and was not emotional following the injury of her husband and parents, who were also at the apartment when the attack occurred.

Wells, his wife, their daughter and her parents, left for Panama five days after the alleged attack and police search. Velky Wells is a native of Panama.

Velky Wells was supposed to testify by phone Tuesday, but the line was busy every time the court tried to reach her. Judge John Jarvey agreed to hear Treimers’ account of what Velky Wells would testify to after the prosecutor, Joel Barrows, did not object.

Jarvey must rule on the motion to suppress evidence before the July 21 trial date. ..News Source.. by Dustin Lemmon