PA- Jury can't hear about prior offense in child-porn case

A complicated case, however, blend this into the story: When Bunty returned to the U.S. and Customs agents searched his laptop, Bunty claimed the search was illegal filing in theU.S. District court in Pennsylvania. That court just issued a ruling on that specific search, CLICK to read it (in essence, search was LEGAL due to his prior conviction on a sex offense). Now continue the story reading below:

6-15-2008 Pennsylvania:

Jurors won't hear about an East Petersburg man's previous sexual misconduct when he faces charges of transporting child pornography from overseas, a federal judge has ruled.

Patrick Joseph Bunty, 55, charged with one count each of possession and transportation of child pornography, will stand trial in Philadelphia on Nov. 12 before U.S. District Court Judge Bruce W. Kauffman.

Bureau of Immigration and Customs Enforcement detained Bunty on Jan. 27, 2006, after allegedly finding images of nude young girls on a floppy disk and flash drive in Bunty's luggage after he arrived from England at Philadelphia International Airport.

One month before that arrest, Bunty pleaded guilty before Judge Emanuel Cassimatis to a corruption of minors charge and received 3 years' probation for an incident that occurred Sept. 28, 2004.

In September 2004, Manheim Township police charged Bunty with five counts, including rape and indecent assault on a person under 13 years of age, but all charges were either dropped or dismissed except for the corruption of minors charge.

Bunty was not required to file as a Megan's Law sex offender.

Bunty's jury trial was scheduled to begin June 2. It was delayed while Kauffman ruled on a series of motions, including defense requests to suppress evidence or toss the case and a motion from the prosecution to submit evidence of Bunty's 2004 offense.

Kauffman denied all motions Monday.

Assistant U.S. Attorney Michelle T. Rotella said Friday she was disappointed that Bunty's previous conviction and other incriminating evidence obtained from his home in a search warrant will not be admissible.

"But we are pleased with the court's denial of every one of the defendant's motions, as (the) government always believed they had no merit," Rotella said.

Customs agents said they discovered a floppy disk that contained "child pornography depicting prepubescent girls nude, posed in explicit positions" when Bunty's flight from England landed in Philadelphia on Jan. 27, 2006.

After a routine initial search, agents searched Bunty a second time after noticing that his name appeared on a national crime database. Customs officials then looked at the contents of the disk, which they found in Bunty's luggage, according to court documents.

Agents said the disk had six files on it that contained child pornography. Officials then asked Bunty to enter his password to unlock two laptops in his possession.

Bunty entered the correct password on one laptop but entered a wrong password on the other, which locked it and prevented agents from viewing its contents, according to court records.

Bunty, who was employed as a pharmaceutical consultant by BearingPoint Inc., was informed of his rights but was not arrested. However, customs agents confiscated his electronics equipment.

Authorities later found six images of alleged pornography on a flash drive that matched the photos on the floppy disk.

On May 17, 2006, agents conducted a search of Bunty's residence after Judge David R. Strawbridge issued a search warrant. Agents seized 26 items from his East Petersburg home.

Bunty was indicted by a grand jury on Oct. 11, 2007.

Bunty's attorney, Demosthenes Lorandos, has vigorously denied that the disk or flash drive belonged to his client. Since being charged Nov. 14, 2007, Bunty has remained free, posting $25,000 bail and surrendering his passport. ..News Source.. by PATRICK BURNS, Staff