BLOUNTVILLE — A judge has denied a motion to suppress evidence seized from the home of a former Vance Middle School teacher accused of storing almost 600 images of child pornography on his home computers.
Randall Scott McCoy, 48, of 2004 Eastwood Ave., Kingsport, is charged with one count of sexual exploitation of a minor in connection with 595 alleged images of child pornography police say were stored on four computers seized from his home on June 30, 2010.
During a hearing Friday afternoon in a Blountville court, attorney Rick Spivey argued the evidence should be suppressed on grounds related to the relevancy, sufficiency and validity of the search warrant, which was signed by Kingsport General Sessions Judge Mark Toohey.
Sullivan County Assistant District Attorney Julie Canter outlined the state's position, which was that the search warrant "adequately sets forth" every element required for the search and subsequent seizure.
The alleged child pornography stash for which McCoy is charged in Sullivan County was discovered during the investigation of an alleged Blount County offense. In the Blount County case, McCoy was charged with solicitation of a minor for an alleged attempt to solicit sexual favors via phone calls and e-mails from a person he believed to be a 15-year-old boy in June 2010.
In making his argument, Spivey contended the Blount County case did not establish probable cause for police to conduct a search for child pornography. He told Sullivan County Circuit Judge Jerry Beck that police "had no right to go on a fishing expedition."
In his motion, Spivey contended statements made in the affidavit seeking the search warrant were "mere conclusions based upon suspicions with respect to the conduct charged (in Blount County)."
Beck found no issues with the search warrant and noted that evidence of uncharged crimes is "fair game" when police execute a search warrant.
"I don't know how you could look through a computer and not stumble across stuff," he said.
Beck noted police would have had "every justification" to recover McCoy's computer, as it was alleged to contain evidence of a conversation McCoy had over the Internet with an undercover Blount County officer posing as a young Asian boy.
Spivey had cited two case decisions in support of his position, with Beck advising he disagreed that they supported his stance.
As the hearing drew to a close, Spivey told Beck, "I understand your position, but I disagree with it."
The case was continued to a Sept. 27 announcement date. A trial date may be set at that time.
The Blount County case is also still pending at this time.