Wednesday, January 8, 2003
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Wednesday, January 8, 2003 |
Jury can watch videotape evidence in Ferguson molestation case, judge rulesBy JOHN
MUNFORD
A judge declined to throw out key evidence in the upcoming criminal trial against a former leader of the Peachtree City Fire Department's Explorer program, who is accused of molesting the young boys he supervised while showing them "wrestling moves" at his home. Edward Wayne Ferguson's attorney, Joe Saia, argued Tuesday morning that a videotape depicting Ferguson interacting with the youths should be suppressed from the case on First Amendment grounds. But Chief Assistant District Attorney Dan Hiatt argued the tape is evidence that Ferguson molested the victims and is not protected by the First Amendment. Fayette Superior Court Judge Christopher Edwards agreed with Hiatt and denied the motion to suppress the tape. "I think the First Amendment argument is just plain inapplicable," Edwards said. Ferguson, 38, is charged with nine counts of child molestation, 12 counts of enticing a child for indecent purposes, five counts of sexually exploiting a child, three counts of criminal attempt to commit child molestation and one count of sexual battery. The trial is slated to begin Tuesday, Jan. 28, and attorneys anticipate it could take up to two weeks due to the number of potential prosecution witnesses who may testify in the case. Saia also asked Edwards to change the venue of the case, claiming that recent news coverage of the case could taint the jury pool Saia did not immediately produce a copy of the newspaper article, however, and Edwards denied the motion for lack of evidence; the judge indicated he would be willing to reconsider the motion after seeing the articles. Saia also asked for the court to appoint him a second attorney to assist in the case. While Saia is being paid by Ferguson's family members, Ferguson may qualify for indigent counsel representation. Although Edwards took no action, he said he was concerned that Saia hadn't yet reviewed the videotapes that prosecutors plan to introduce as evidence. Edwards said he understood that the attorney worked a lot of cases, but he was somewhat concerned that Saia might not be ready. "I'll be ready to go to trial," Saia said, adding that he would confer with Ferguson and see if he wants to request a continuance of the case. "I feel I am ready."
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