Wapakoneta Daily News

Workman appeals not been successful

- BY BOB TOMASZEWSK­I STAFF WRITER

Fillings in appellate court continue to be unsuccessf­ul for Timothy Workman of Montezuma as he and

his legal team has filed more than 20 appeals.

In 2015 Workman was found guilty of 78

counts of illegal use of a minor in nudity-oriented performanc­e or materialm and one count of tampering with evidence. The offenses stem from photos Workman took of two teenage girls in a room at the Knights Inn Hotel in Wapakoneta throughout 2013. He was originally arrested on Sept. 30, 2013 at a motel in St. Marys.

In one recent appeal Attorney Thomas Lucente argued that authoritie­s were not

searching the proper vehicle where photos were discovered.

“He arrived in one vehicle and they

seized a different vehicle, and the VIN

number they used in the search warrant was not for the vehicle they siezed,” Lucente

said. “It was basically a warrant-less search.”

He said they kept referring to a van, but it was a truck that was seized.

“It was in his name because he owned the company, but it was assigned to a different driver, so it wasn’t

even a truck he used,” Lucente said.

Another filing dealt with a lab’s analysis of

meta-data of a photo prosecutor­s said was

of Workman. The meta-data in the photograph says the photo was taken in November of 2013 on a date when Workman was

incarcerat­ed in the Mercer County jail.

“If the meta-data is to be believed, he could not have possibly have taken the photograph­s of the girls,” Lucente said.

Those arguments have been unsuccessf­ul and the court’s ruling

has been reaffirmed. There have

been previous filings dealing with both topics and those were

struck down after Auglaize County Assistant Prosecutor Benjamin Elder questioned their relevancy.

Workman has been writing the appellate

briefs, creating the arguments, and then asking for Lucente’s assistance for the oral arguments. Lucente believes Workman deserves a new trial.

Workman filed another notice of appeal on Nov. 15 for another go.

 ?? ?? TIMOTHY WORKMAN
TIMOTHY WORKMAN

Newspapers in English

Newspapers from United States