Judge denies motion to join Frisco child porn case with two misdemeanors | SummitDaily.com

Judge denies motion to join Frisco child porn case with two misdemeanors

Elise Reuter
ereuter@summitdaily.com

Kenneth Scott Casey, 59, faces charges of sexual exploitation of a child, a class-four felony. A judge denied a motion by the defense to join the felony case with two misdemeanor cases involving the same parties.

A Summit County District Court judge denied a motion to join a felony child pornography case with two related misdemeanors. Kenneth Scott Casey, 59, faces one class-four felony charge of possession of sexually exploitative material, which will not be considered concurrently with two previous cases.

The motion was filed by the defense in November, arguing that the cases were linked by one narrative involving the defendant and a witness.

"The common thread is a similar conduct by the defendant, a common scheme or plan, something to that effect," Fifth Judicial District Judge Mark Thompson said. "It's not appropriate for the defendant to motion for a joinder because it's concerned with the defendant's conduct."

In a previous hearing, defense attorney Sommer Spector said that the combined testimony might show inconsistent statements by the witness. Deputy district attorney John Franks argued that the motion was not an accurate interpretation of the evidence and could not be a mandatory joinder.

In light of those arguments, Thompson said that while a discretionary joinder could be an order, a mandatory joinder could not.

"There is no overlap in the charges to the felony case," he said. "The only common thread is the reporting party."

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The felony case was reported on June 20, when a woman turned in a computer tower, which she said belonged to Casey, and a flash drive to the Frisco Police Department. The woman said she had transferred some of the pornographic material onto the flash drive and turned in a second flash drive two weeks later.

The woman had been residing with Casey for three months, living in Amarillo, Texas, Colorado Springs, Fairplay and, most recently, the Baymont Inn in Frisco.

The first misdemeanor case stemmed from when she claimed he injured her wrist on June 18, leading to a restraining order. The woman returned to the police department with a print-off of an email that she claimed Casey sent her asking for money for half of their stay at the Baymont, therefore breaking the restraining order.

He was arrested on July 7 after a U.S. Department of Homeland Security agent conducted a forensic exam of the computer tower, finding more than 500 "notable" photos and 19 videos related to child pornography.

Casey will appear in court on Feb. 4 at 1 p.m. for a motions hearing. He is expected to enter a plea that afternoon.

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