MONROE - The defense for a former Orangeville school teacher charged with possession of child pornography argued Wednesday to have evidence dismissed because it was obtained through im-proper police methods.
Timothy Gordon Hoffman, 43, formerly of Monroe and currently of Cherry Valley, Illinois was charged last year with 29 counts of possessing child pornography after the online chat service ChatStep reported that a computer from Hoffman's IP address had uploaded an image of child pornography in September of last year.
The photo, which depicted a nude prepubescent girl performing sexual acts on several older males, was found to have been uploaded from Hoffman's address at the time, an apartment in the 2500 block of 13th Street in Monroe. Officers conducted a search warrant at the residence on Sept. 27 and, shortly thereafter, stopped Hoffman's vehicle in the 2600 block of Wisconsin 69 in Monroe to search Hoffman and his vehicle.
A recording from a police body camera during the traffic stop depicts Hoffman repeatedly saying "my life is over" before addressing a Monroe Police detective and admitting to having child pornography on a computer in the vehicle.
"I admit it. I wish I'd deleted it, but it's there," Hoffman was recorded saying. Shortly after that statement, Hoffman was arrested and handcuffed.
However, Hoffman's attorney, Robert Duxstad, filed motions to suppress Hoffman's statements as they were made before officers read Hoffman his Miranda rights.
Duxstad questioned two Monroe Police officers, officer Kimberly Quinn and detective Steven Gately, about their involvement in the stop that led to Hoffman's arrest. Both Quinn and Gately said they had no intention to question or arrest Hoffman during the stop, but after Hoffman admitted to a crime, they had sufficient probable cause to arrest him.
Duxstad, however, pointed out that Gately had solicited questions of Hoffman while officers searched his vehicle. Most significant, Gately asked Hoffman about ChatStep, including whether he had uploaded a picture to that site. Hoffman said yes and described the picture as child pornography.
Gately confirmed that he had asked these questions in order to elicit an incriminating statement from Hoffman.
Duxstad also pointed out that, during this exchange, Hoffman had left his vehicle and was surrounded by four armed police officers, despite not being officially detained.
Hoffman was not read his Miranda rights until an interview at the Monroe Police Department later that day. Duxstad argued that, because Hoffman was not read his Miranda rights until after he made self-incriminating statements to police, the arrest was improper and all subsequent testimony from Hoffman should be suppressed.
Duxstad also moved to suppress the results of the searches of Hoffman's apartment and vehicle, as the search warrants were obtained based on information he believed was unreliable.
Without a sufficient understanding of the process by which ChatStep learns of and informs authorities about illegal images on its site, Duxstad said, ChatStep is not a reliable source on which to base a search warrant.
Green County Circuit Judge Thomas Vale said he is unfamiliar with the specifics of mandatory reporting laws and how they relate to companies and social media platforms, adding that he would research them himself.
Assistant District Attorney Laura Kohl proposed that she and Duxstad submit formal briefs supporting their positions by May 29. Vale agreed and said he would make a ruling on the motions on June 23.
This was not the first time Duxstad questioned police methods during the Hoffman investigation. In December, Hoffman had two charges of possessing child pornography dismissed after Duxstad questioned the validity of the criminal complaint enumerating the charges, as well as the credibility of ChatStep as a source.
Immediately after those charges were dismissed, 29 additional charges were filed, based on 29 images of child pornography found among more than 11,000 images of child porn found on Hoffman's hard drives.
Hoffman's charges carry a maximum possible sentence of 435 years in prison.
Timothy Gordon Hoffman, 43, formerly of Monroe and currently of Cherry Valley, Illinois was charged last year with 29 counts of possessing child pornography after the online chat service ChatStep reported that a computer from Hoffman's IP address had uploaded an image of child pornography in September of last year.
The photo, which depicted a nude prepubescent girl performing sexual acts on several older males, was found to have been uploaded from Hoffman's address at the time, an apartment in the 2500 block of 13th Street in Monroe. Officers conducted a search warrant at the residence on Sept. 27 and, shortly thereafter, stopped Hoffman's vehicle in the 2600 block of Wisconsin 69 in Monroe to search Hoffman and his vehicle.
A recording from a police body camera during the traffic stop depicts Hoffman repeatedly saying "my life is over" before addressing a Monroe Police detective and admitting to having child pornography on a computer in the vehicle.
"I admit it. I wish I'd deleted it, but it's there," Hoffman was recorded saying. Shortly after that statement, Hoffman was arrested and handcuffed.
However, Hoffman's attorney, Robert Duxstad, filed motions to suppress Hoffman's statements as they were made before officers read Hoffman his Miranda rights.
Duxstad questioned two Monroe Police officers, officer Kimberly Quinn and detective Steven Gately, about their involvement in the stop that led to Hoffman's arrest. Both Quinn and Gately said they had no intention to question or arrest Hoffman during the stop, but after Hoffman admitted to a crime, they had sufficient probable cause to arrest him.
Duxstad, however, pointed out that Gately had solicited questions of Hoffman while officers searched his vehicle. Most significant, Gately asked Hoffman about ChatStep, including whether he had uploaded a picture to that site. Hoffman said yes and described the picture as child pornography.
Gately confirmed that he had asked these questions in order to elicit an incriminating statement from Hoffman.
Duxstad also pointed out that, during this exchange, Hoffman had left his vehicle and was surrounded by four armed police officers, despite not being officially detained.
Hoffman was not read his Miranda rights until an interview at the Monroe Police Department later that day. Duxstad argued that, because Hoffman was not read his Miranda rights until after he made self-incriminating statements to police, the arrest was improper and all subsequent testimony from Hoffman should be suppressed.
Duxstad also moved to suppress the results of the searches of Hoffman's apartment and vehicle, as the search warrants were obtained based on information he believed was unreliable.
Without a sufficient understanding of the process by which ChatStep learns of and informs authorities about illegal images on its site, Duxstad said, ChatStep is not a reliable source on which to base a search warrant.
Green County Circuit Judge Thomas Vale said he is unfamiliar with the specifics of mandatory reporting laws and how they relate to companies and social media platforms, adding that he would research them himself.
Assistant District Attorney Laura Kohl proposed that she and Duxstad submit formal briefs supporting their positions by May 29. Vale agreed and said he would make a ruling on the motions on June 23.
This was not the first time Duxstad questioned police methods during the Hoffman investigation. In December, Hoffman had two charges of possessing child pornography dismissed after Duxstad questioned the validity of the criminal complaint enumerating the charges, as well as the credibility of ChatStep as a source.
Immediately after those charges were dismissed, 29 additional charges were filed, based on 29 images of child pornography found among more than 11,000 images of child porn found on Hoffman's hard drives.
Hoffman's charges carry a maximum possible sentence of 435 years in prison.