Attorney: Porn Should Not Be Part of Pastor's Case

By Tina Hinz
The Courier
February 7, 2012

http://wcfcourier.com/news/local/attorney-porn-should-not-be-part-of-pastor-s-case/article_3834d258-1df2-56b4-9bca-a34cd4294893.html


WAVERLY, Iowa --- Defense attorney Kevin Engels says authorities lied to his client and obtained a search warrant without probable cause.

During a hearing Monday at the Bremer County Courthouse, Engels argued to suppress evidence that could be used against his client, Dennis Brown, 67, of Eldora.

Brown, a pastor at Ivester Church of the Brethren in Grundy County, is charged with third-degree sexual abuse, a Class C felony. He allegedly performed a sex act in May with a 15-year-old boy in Waverly. The pair met online.

Investigator Troy Schneider of the Waverly Police Department said he was prompted by the alleged victim's father to look into an incident last spring. Brown was identified through the teenager's phone records.

More than a month later, Schneider applied for a warrant to search Brown's home, including a computer, and to collect DNA samples.

Brown reportedly met the teenager on a male dating website.

The investigator enlisted help from the Cedar Falls Police Department to capture images from the alleged victim's computer of a chat the teen had with Brown. That event apparently led to text messages, phone conversations and a meeting.

The alleged victim, who initially was uncooperative, admitted performing a sex act on Brown in an outbuilding at the teen's residence, Schneider said. The victim first alleged Brown forced him at knife point but later retracted that claim.

When questioned at his home, Brown allegedly admitted having sexual contact with the victim.

In cross examining Schneider, Engels asked why a search warrant was obtained when no information suggested Brown possessed pornography.

Schneider described the dating site as "fairly pornographic."

"There were pictures I saw that I'd rather not have seen," he added.

Engels emphasized people can connect to the Internet in places other than their homes, such as a library or restaurant.

"It sounds like there wasn't any effort on your part to check to see whether the contact ... was coming from a computer at Mr. Brown's residence," Engels said.

Engels also addressed the knife allegation and read Schneider's report written after the investigator spoke to Brown: "And I said that we were there because of what went on and that it was done with the threat of a knife."

According to Engels, the statement by Schneider was designed to draw statements from Brown that should be excluded in court.

"At that point in time, officer, you knew that the complaining witness was no longer alleging that this involved a knife," Engels said. "Why did you lie to him?"

"I didn't lie to him," Schneider said. "There was a possibility that the knife was still involved."

County Attorney Kasey Wadding submitted as evidence an audio recording of the two-hour interview with Brown.

Judge James Drew estimated he will need at least 30 days to prepare a ruling on whether the evidence is admissible.

Contact: tina.hinz@wcfcourier.com