Workman appeals not been successful
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.