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August 30, 2010

LePard’s attorney files motion to suppress evidence

Claims it was ‘seized after an illegal search’

By Trent Moore The Cullman Times

The attorney for a former Cold Springs teacher accused of solicitation of pornography has filed a motion to suppress evidence he believes was seized after an illegal search.

Derrick LePard, 26, of Holly Pond faces charges for allegedly attempting to produce obscene matter of a child, extortion and solicitation of pornography. He has pleaded not guilty to all charges. The allegations stem from alleged inappropriate contact with a student via text message, according to court documents.

In the latest motion filed August 18, LePard’s attorney Champ Crocker claims evidence the state is using in the case was obtained during what he believes was an illegal search.

“The defendant, Derrick Matthew LePard, respectfully moves this honorable court to suppress certain evidence obtained pursuant to an illegal search and seizure at his residence on March 6, 2009,” Crocker wrote in the motion. “The state has repeatedly and egregiously violated Mr. LePard’s rights to be free from unreasonable searches and seizures under the Alabama and U.S. Constitutions.”

A hearing on the motion was held Aug. 26, though Cullman County Circuit Court Judge Don Hardeman has yet to issue a decision. It will likely be addressed in court Monday morning — along with a pending defendant’s motion to dismiss the case due to lack of speedy trial and failure to prosecute — at a scheduled hearing.

When reached Friday afternoon, LePard’s attorney Champ Crocker declined to comment on the case.

In his motion, Crocker questioned the timing of the search of LePard’s home — considering the student making allegations against him was not questioned by authorities until after the search warrant was executed. The search took place on the morning of March 6, 2009, though the student in question was not interviewed by investigators with the Cullman County Sheriff’s Office until a period between March 10-16, 2009. Crocker claims the search warrant, issued by District Court Judge Greg Nicholas hours before the search took place, was instead based on “fifth hand allegations” on the matter.

The motion goes on to state the search warrant to search LePard’s home only covered media “used to visually depict child pornography and/or child sexual abuse,” not any alleged text messages on his cell phone.

“As a result of such statements, the warrant authorized the seizure of pornography and equipment used to produce pornography,” he stated. “The warrant was for pornography and for pornography producing devices — not cell phones and not text messages.”

Though LePard’s computers were seized and searched, he was never directly charged with possession of child pornography.

LePard’s phone has since been sent off to a forensic examiner by the state, and evidence found makes the brunt of the case against his client, Crocker said. Since he believes the search of the phone was done without a proper warrant,  Crocker said the evidence should be suppressed.

“The state’s case against Mr. LePard is based solely on text messages purportedly sent to [the student] and nothing more,” he stated. “The subsequent forensic examination of Mr. LePard’s cell phones and all searches of his phones for text messages are clearly outside the scope of the warrant ... Moreover, the warrant was devoid of any authority to search for text messages on Mr. LePard’s phone or computer equipment.”

The Cullman County District Attorney’s office did not return a message left seeking comment on the motion by deadline of this article.

The case against LePard is the culmination of a March 2009 investigation into his alleged activities, stemming from his time as a science teacher at Cold Springs High School. The Cullman County Board of Education allegedly learned of inappropriate text messages sent from LePard to at least one student. He resigned from his teaching position soon after the investigation began.



* Trent Moore can be reached by e-mail at trentm@cullmantimes.com, or by telephone at 734-2131, ext. 220.

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