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Jury trial in federal case set for Jan. 23

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Defense filed a motion Friday to reschedule

By Jesse Osbourne

 

A Springfield man is set to stand trial on Jan. 23 in federal court following his arrest in June in Washington County.


Gary L. Brown was indicted on seven counts for child pornography violations, including distributing, receiving, possessing and making a notice offering to exchange child pornography.
Evidence was presented to the court that Brown possessed a collection that exceeded 300,000 files and over 1,700 videos, according to court documents filed by United States Attorney David J. Hale and Assistant United States Attorney A. Spencer McKinness.
In the same documents, Hale and McKinness note that “the National Center for Missing and Exploited Children indicated that Brown had one of the largest collections of child pornography ever seen by their organization.”
According to the court documents, Brown could face a minimum sentence of 15 years and a maximum of 30.
The trial has been previously delayed. A motion was filed on Dec. 14 by Brown’s attorney, J. Clark Baird, to reschedule the trial date and to suppress statements, admissions, confessions made to the FBI, as well as the results of a lie detector test.
According to Baird’s motion, Brown was interviewed by the FBI on May 22 and given a polygraph (lie detector) test.
Baird noted that Brown made incriminating statements to a FBI agent during the interview.
“Although Mr. Brown allegedly made incriminating statements to the FBI, Mr. Brown is illiterate and did not know he was waiving his rights or consenting to the polygraph test,” Baird said in the motion.
Baird argued that Brown’s privilege against self-incrimination was violated while the FBI obtained information.
The attorney also stated that Brown is entitled to a hearing on the “voluntariness of any statements, admissions or confessions.”
As of Monday morning, no order on the motion from the presiding judge, United States District Court Judge John G. Heyburn II, had been issued.