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Published: Friday, 5/11/2001

Defendant in sex case asks to review evidence

TIFFIN -- An attorney for a Seneca County corrections officer charged in a child sex and pornography case asked a judge yesterday to compel the prosecution to turn over copies of materials seized from the defendant's residence.

Dean Henry, who is representing Dale Matthews, argued that state law entitles the defense to the material, which includes videotapes, magazines, photographs, and computer images, to allow adequate preparation for trial. But county Prosecutor Ken Egbert, Jr., countered that state law does not address “contraband materials such as child pornography,” which is illegal to possess.

Judge Michael Kelbley of Seneca County Common Pleas Court said he is unaware of any Ohio case law addressing the issue and will consult other judges on the matter before ruling next week.

Mr. Matthews, who is on unpaid leave from the sheriff's department, faces trial in October on 13 felony counts.



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