Judge denies defense motion to suppress evidence in Harrist child porn case
BY SONNY LONG
Federal Judge T. John Ward has issued a "sealed memorandum and order" denying a defense motion to suppress the evidence in the Charley Harrist child pornography case. The order was issued on Aug. 5. Jury selection in the case is scheduled for Sept. 6, with testimony set for Sept. 13. Judge Ward has also granted the prosecution's request to order America Online to produce "certain records relating to the defendant's account" with AOL. According to documents filed with the court, "The government has records tending to prove that the defendant, for a considerable period of time, subscribed to web sites where, for a fee, the defendant could access and download child pornography." The documents also added, in part, "The government also has at least three screen names or user names that the government believes are associated with the defendant's account with AOL. The requested records concern the defendant's use of his AOL account and will, the government believes, provide evidence of a link between the screen names associated with the AOL account and the subscriptions to the web sites.” The prosecution alleges Harrist used three screen names on AOL: ChShadows@aol.com, Clarkalterego@aol.com, and HarristChazman@aol.com. The defense countered with an opposing view, claiming in documents filed with the court, that the “government’s request is...in violation of the defendant’s right to privacy and the Fourth Amendment of the U.S. Constitution.” In late July, the court initially agreed with the defense, denying the prosecutions’ request. But the government refiled the request, responding to the defense’s points and expanding on its request, and the court concurred on Aug. 9 that the “order to produce documents” be granted. In other case activity, the lawyers for each side held a teleconference with Judge Ward on Aug. 8. Both sides stated they believed they could present their case in a day and a half to two days. U.S. Assistant District Attorney Alan R. Jackson asked Judge Ward how the court wanted images presented to the jury -- notebooks or projected on a screen. Harrist’s attorney, William Harrell of Texarkana, protested that those images would be “prejudicial to the defendant. His client contends that the alleged computer is not his computer.” Judge Ward, however, referring to testimony and evidence presented during the motion to suppress hearing, said “the computer is an element of the crime.” The deadline for a plea agreement is Monday, Aug. 29. A pre-trial conference is set for Aug. 31.
The child pornography trial of former Citizens Journal editor Charley Harrist has been moved to the U.S. District Court in Texarkana, according to U.S. Assistant District Attorney Alan Jackson.
An order from the federal judge, T. John Ward, said that the reason for the move was that it would be easier on the witnesses, as well as the parties involved, Jackson said.
Also, the United States District Court in Marshall is under construction and can not adequately handle the trial.
Jackson said it is still unknown as to whether or not the jury will be selected from the Marshall or Texarkana district.
If chosen from the Texarkana district, it would exclude jurors being selected from Cass County.
Harrist is facing two charges involving child pornography.
In May, a motion to suppress hearing was held, which, earlier this month, ended with Judge Ward denying the suppression motion.
Jackson said he could not comment on whether or not a plea agreement is on the table, but said that they are preparing for trial.
Jury selection is set for Tuesday, Sept. 6 with the trial date slated for Tuesday, Sept.13.
Harrist case to stay in Marshall; continued again until November
BY SONNY LONG The defense won a motion opposing change of venue in the Charley Harrist child pornography case during a pre-trial conference in federal court in Marshall on Wednesday. A week ago, Judge T. John Ward had ordered a change of venue from Marshall to Texarkana "for the convenience of the defendant and the witnesses." In addition, the courtroom facilities in Marshall are currently under construction. With the defense winning the motion opposing the change of venue, the case will remain in Marshall. The trial date has also been continued, moving from Sept. 13 to jury selection on Nov. 7 and trial on Nov. 14. In the motion opposing the change of venue, defense attorney William Harrell of Texarkana, stated that the change of venue "would deprive the defendant of jury panel members from Cass County" where he is "generally known." Harrist is the former editor of the Atlanta Citizens-Journal newspaper and an Atlanta High School graduate. The Marshall Division of the federal court system draws Cass County residents for its jury pools, while the Texarkana Division does not. In other developments, according to court documents on Aug. 26 lead prosecutor Assistant U.S. Attorney Alan Jackson filed a "Notice of Intent to Offer Evidence," that Harrist "during calendar years 2001, 2002, and 2003 accessed Internet sites, including "Uncensored Teens," "Teen Fresh", and "Bizarrexxxsex." The prosecution also claims Harrist used an internet billing service and his account at Red River Federal Credit Union to access these sites. The defense has countered with an initial opinion letter from expert witness Evan Hendricks of Maryland. In his initial opinion letter, Hendricks states that Harrist could be the victim of identity theft or billing mixups. Harrist was indicted by a federal grand jury in April of 2004 on two counts of child pornography. He has pled not guilty.