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Child Porn Suspect Faces Trial Five years After Arrest

Child Porn Suspect Faces Trial Five years After Arrest

Posted - Nov. 11, 2004 at 10:50 a.m.



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LOGAN, Utah (AP) -- A man was bound over for trial Wednesday on child pornography charges, five years after his arrest.

Tyler John Zesiger, 24, of Layton faces 42 second-degree felony counts of sexual exploitation of a minor in connection with photographs found on a computer inside his Snow Hall dormitory room on the Utah State University campus in 1999. Each count carries a one- to 15-year prison term.

Zesiger will be arraigned Dec. 13, exactly five years after police seized his computer and reportedly found thousands of pornographic images, many of them depicting children. He was arrested the same day.

After the initial search of his room, Zesiger filed a motion to suppress the computer evidence. A judge ruled in his favor because police investigators knocked on the outside door of Zesiger's dorm unit but not on his bedroom door.

USU police returned the computer to Zesiger, then served a new search warrant less than a half hour later and took the machine.

Zesiger's attorneys fought the second seizure, but the Utah State Court of Appeals eventually ruled the computer and its files were properly confiscated and could be entered as evidence.

Zesiger initially was charged with 10 counts of sexual exploitation of a minor in 1999, but because of the legal wrangling, a withdrawn plea agreement and the eventual re-seizure of the evidence, Cache County Deputy Attorney Tony Baird refiled the charges.

First District Court Judge Clint Judkins allowed evidence taken in the first search to be used during Wednesday's hearing, but he will bar that evidence from any trial.

(Copyright 2004 by The Associated Press. All Rights Reserved.)

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