MONTROSE - Defense attorneys have asked that 20 misdemeanor child exploitation counts lodged against Park Avenue Dance Works co-operator John Ward be dismissed.
The request is included in a motion filed in Montrose County District Court by Littleton attorneys Andrew Contiguglia and Michael Miller.
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"The government must prove that Mr. Ward knowingly possessed or controlled sexually exploitatively materials," the motion states. "Because there is no evidence directly connecting Mr. Ward to the images, the prosecution can only move forward on evidence of constructive or circumstantial possession."
Deputy District Attorney Pat Kramer said she plans to file an answer to the motion by Friday but did not comment further. Contiguglia and Miller could not be reached for comment.
A hearing on the motion is set for Aug. 25.
The counts that Ward's attorneys are attempting to have dismissed are for misdemeanor sexual exploitation regarding the alleged possession of child pornography.
He also faces two counts of unlawful sexual contact and seven counts of sexual exploitation of children, which are all felonies and are not addressed in the motion. He is scheduled to stand trial in September.
Authorities allege Ward was in possession of child pornography and took topless photos of two female students of Park Avenue Dance Works, ages 13 and 16, at his home last year and then e-mailed the pictures to his teenage nephew.
In a separate case, Ward faces one count each of sexual assault on a child, attempted sexual assault on a child and indecent exposure in connection with an alleged incident involving a girl under 15. A trial date for that case has not been set.
In their motion, Ward's attorneys maintain there is no evidence that he ever viewed or knowingly possessed child pornography.
The motion says that around 20 people had access to Ward's residence, including a "constant stream of youthful or teenage housemates that always had access to the computer."
Evidence will show that many of the alleged sexually exploitative images were downloaded when Ward was traveling and not at home, the motion states.
It is also believed that the alleged illegal images, including a variety of adult erotica, was downloaded in large blocks or groups from Internet newsgroup sites, making it impossible to determine the nature of its contents, the motion contends.
"The person or persons who downloaded the pornography Š could not have identified the contents of a particular file simply by reading the file's name," the motion says.
Contact Scott Schwebke via e-mail at scotts@montrosepress.com.
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