By Krystal Smalley
ksmalley@wbcowqel.com
The man charged on 80 counts of sex charges involving minors filed a motion to suppress evidence in Crawford County Common Pleas Court Wednesday.
Thirty-five-year-old Marcus Williams, of Galion, had been indicted on Sept. 21 for felony four importuning, felony five disseminating matter harmful to juveniles, and felony five possessing criminal tools. He was indicted again on Oct. 27, this time on 24 counts of pandering sexually oriented materials involving minors, all fourth-degree felonies, and 56 counts of the illegal use of a minor in nudity oriented materials, all fifth-degree felonies.
Judge Sean Leuthold said they held an in-camera review of the evidence in the case on Jan. 24, at which time there appeared to be an agreement to a change of plea.
Defense attorney Rolf Whitney informed Leuthold on Wednesday, however, that they will be seeking a motion to suppress. Whitney said the motion was based on a computer identified by the Bureau of Criminal Investigation. Computers were seized from the home in the initial bust and police later obtained a search warrant to search the hard drives of specific computers. A serial number on the computer did not match the serial number on the search warrant issued by law enforcement.
“They search something they were not entitled to,” Whitney argued.
Leuthold reminded Whitney and assistant prosecutor Ryan Hoovler that another law could come into play in which a second search warrant was not necessarily needed for the hard drives.
The judge granted all motions to suppress and ordered them to be filed by Feb. 15. A full day will be set aside for the hearing. He stated that any other suppression motions filed after that date would not be allowed.
“We’re not dragging this case out another six or eight months,” Leuthold said. “I want this case done within the next couple of months.”
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Forty-four-year-old James Horner, of Bucyrus, pleaded guilty to the illegal cultivation of marijuana, a third-degree felony. Horner’s recommended sentence included five years on community control with the first 90 days spent in the county jail. He will also be required to enter into a drug and alcohol treatment program, had his driver’s license suspended, and fined $5,000.
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Twenty-six-year-old Dylan Lackey, of Galion, pleaded guilty to forgery, a fifth-degree felony. That guilty plea will be held until he successfully completes the court’s two-year diversion program, which will also include 100 hours of community service.
Despite a very serious charge, Leuthold agreed to let 27-year-old Lynnae Stewart out of prison early. Stewart had been sentenced to four years in prison in August after pleading guilty to burglary, a second-degree felony. There was no violence involved in the case and the victim in the matter, who had also been the victim of a robbery at Wal-Mart in June, was fond of the woman.
“What you did was terrible,” Leuthold said. “Basically stealing pills from an older lady who was assaulted by a heroin addict.”
Leuthold, however, granted the motion for judicial release and placed her in the ISAT program. Stewart will be on community control for five years.
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