Judge dismisses child porn evidence during hearing

6-6-2013 Alabama:

An attorney representing a registered sex offender formerly from Wisconsin will ask that child pornography charges be dismissed now that key evidence in the case won’t be allowed in his client’s trial.

Lauderdale County Circuit Judge Mike Jones ruled Wednesday that a laptop and an external hard drive cannot to be used as evidence in a possession of child pornography case against Richard Darel Murray.

After a lengthy motion hearing Wednesday, Jones ruled that Florence police were not within their rights to confiscate the computer and hard drive they found at Murray’s Cleveland Avenue residence.

Murray, 45, was indicted in January on 100 counts of possession of child pornography and living in a prohibited residence within 2,000 feet of a school or child care facility. He also was charged with failing to register as a sex offender, officials said.

Authorities said 100 photos of nude children were discovered during a preliminary investigation of two computers and an external hard drive found at his residence.

Testimony during Wednesday’s hearing indicated child pornography was found on a laptop that was in Murray’s bedroom. Also, it was pointed out during the hearing that Murray was paying rent to the people who were living at the residence for use of the bedroom.

Two computers and an external computer hard drive were confiscated by Florence police as they were investigating reports from the people who Murray was living with that they found what they believed to be child porn on a desktop computer in the living room of the residence.

Forensic experts uncovered 100 images of child pornography on the laptop, but none on the desktop computer.

Jones said Murray’s landlord did not have the right to give police the laptop because it was in the bedroom that Murray was paying rent to use.

Lauderdale County District Attorney Chris Connolly said police officers did not know at the time when the computers were seized that Murray was paying rent to the couple living at the residence. Jones said that does not matter and ruled the laptop could not be used as evidence.

Florence attorney Jeff Austin said he plans to file a motion to have the child pornography charge dismissed.

The charges of failing to register as a sex offender and living in a prohibited residence within 2,000 feet of a school still are pending.

Reports from Wisconsin indicate Murray was convicted of first-degree sexual abuse of a child in August 1994.

Authorities said he has been living in Florence since April 2012.

Both charges are Class C felonies and punishable by 1-10 years in prison if convicted.

Murray is being held in the Lauderdale County Detention Center on bail totaling $515,000. ..Source.. by Tom Smith Senior, Staff Writer