Suspect in child pornography case wants evidence thrown out
Lawyer for Madison Twp. man argues that warrants had problems.
the case until April 8 for a hearing on the motion.
Fraley is free on $500,000 bond but is fitted with a GPS monitor.
As part of bond, Oster also ordered Fraley to have no contact with any children, including his own, to have no internet access and to report twice per week to pretrial services.
Last Monday, attorney Chris Pagan filed a motion to suppress evidence taken from a Crawford Street home, cellphone, computers and other electronic devices.
Pagan argued some of the search warrants were not properly signed by the magistrate and relied on an uncorroborated statement from a woman with a drug addiction and a case through Butler County Children
Services.
“(The woman) told agents that Fraley resided at (the Crawford Street residence) and she identified her child as present in pornographic images presented on Fraley’s Google account. There is no corroboration of (the woman’s) statement and she is not identified in the affidavit as reliable,” Pagan wrote in the motion.
Further, the affidavit fails to provide information, known to county agents, that (the woman) had a drug addiction that caused (children’s services) to remove the children from her custody and that her motive to shift blame potentially undermined her reliability.”
A suppression hearing is scheduled for April 8.
A computer believed to belong to Fraley contained “a very large amount of child pornography — over 1,200 videos depicting children engaged in sexual activity, much of which has been duplicated by the defendant’s backing up the videos from his phone to his computer. The most recent unidentified backup occurred on Oct. 29,” Assistant Butler County Prosecutor Kelly Heile said in court documents.
The motion also says some of the images allegedly traced to Fraley’s digital payment service include sex acts involving toddler-aged children. One image may have been taken at a previous residence shared by a witness and Fraley, Heile said.
Contact this reporter at 513705-2841 or email Lauren. Pack@coxinc.com.