07-14-2007, 11:40 AM
Suppression of evidence denied in child porn case against Fullwood
By HEATHER ALLEN
heather.allen@heraldtribune.com
SARASOTA COUNTY -- Circuit Court Judge Charles Roberts has denied a motion to suppress vital evidence in the case of Dale Fullwood, who is charged with possession of child pornography.
Fullwood's attorney, assistant public defender Adam Tebrugge, questioned involvement by the U.S. Secret Service in the case.
He also argued that a search warrant was vaguely written, and therefore, that videos found on a computer in the Fullwood home should not be used as evidence.
According to investigators, the video images depict a girl under the age of 12 being sexually assaulted.
Tebrugge said on Friday that he was disappointed in the judge's ruling.
"In my opinion, I thought the law was pretty clear in my favor so I respectfully disagree with the order," Tebrugge said.
Fullwood is charged with two counts of possession of child pornography, a felony. The case is set for trial in two weeks.
His daughter, Coralrose Fullwood,, 6, was found dead near the family's North Port home on Sept. 17. No one has been arrested or charged with her killing. North Port Police Chief Terry Lewis said at the time of Fullwood's arrest that the murder investigation and the pornography case were unrelated.
In his ruling, Roberts said that North Port Police detectives got a second search warrant which allowed them to search and seize all 10 of the Fullwoods' computers, looking specifically for child pornography.
"It is debatable whether a second search warrant was even necessary," Roberts wrote.
By HEATHER ALLEN
heather.allen@heraldtribune.com
SARASOTA COUNTY -- Circuit Court Judge Charles Roberts has denied a motion to suppress vital evidence in the case of Dale Fullwood, who is charged with possession of child pornography.
Fullwood's attorney, assistant public defender Adam Tebrugge, questioned involvement by the U.S. Secret Service in the case.
He also argued that a search warrant was vaguely written, and therefore, that videos found on a computer in the Fullwood home should not be used as evidence.
According to investigators, the video images depict a girl under the age of 12 being sexually assaulted.
Tebrugge said on Friday that he was disappointed in the judge's ruling.
"In my opinion, I thought the law was pretty clear in my favor so I respectfully disagree with the order," Tebrugge said.
Fullwood is charged with two counts of possession of child pornography, a felony. The case is set for trial in two weeks.
His daughter, Coralrose Fullwood,, 6, was found dead near the family's North Port home on Sept. 17. No one has been arrested or charged with her killing. North Port Police Chief Terry Lewis said at the time of Fullwood's arrest that the murder investigation and the pornography case were unrelated.
In his ruling, Roberts said that North Port Police detectives got a second search warrant which allowed them to search and seize all 10 of the Fullwoods' computers, looking specifically for child pornography.
"It is debatable whether a second search warrant was even necessary," Roberts wrote.