Defense: West Palm police conducted illegal search for child porn on ex-teacher's computer

By Marc Freeman
Sun Sentinel
February 22, 2014

http://www.sun-sentinel.com/news/palm-beach/fl-stephen-budd-teacher-child-porn-case-20140222,0,108970.story

Stephen Jerome Budd, 51, a former West Palm Beach private school teacher, is accused of sexually assaulting two 9-year-old students during the 2006-07 school year. Budd also faces 59 child pornography charges. He has pleaded not guilty and has been in Palm Beach County Jail since his arrest in April. (Palm Beach County Sheriff's Office / April 3, 2013)

The attorney for a former West Palm Beach private school teacher accused of sexually assaulting two 9-year-old students argues there are grounds for a judge to stop a jury from seeing potentially incriminating computer evidence.

Stephen Jerome Budd, 52, was arrested in April for crimes that allegedly occurred while he taught a fourth-grade class at Rosarian Academy during the 2006-07 school year. He was charged with two counts of sexual battery on a person less than 12 years old, one count of lewd or lascivious molestation, and two counts of lewd or lascivious exhibition.

Then in August, prosecutors added 59 child pornography charges and Budd pleaded not guilty to all counts. He remains in the Palm Beach County Jail with no bail.

On Feb. 18, defense attorney Jason Weiss filed two motions seeking to prevent prosecutors at Budd's trial from using his client's computer hard drive, a computer part called a "mini PCI card," and all evidence taken from the computer.

The pleading argues that the computer equipment seized from Budd's car by West Palm Beach police after Budd's April 3 arrest was subject to an illegal search. Weiss first argues police violated Budd's Constitutional rights by waiting an unreasonable 21 days to conduct a "warrantless search" of the vehicle.

The defense then alleges a warrant to search the contents of the computer equipment — sought by police 76 days after Budd's arrest — was improper because failed it to show sufficient reasons to justify that search, including the probability that child porn would be found.

"There was no evidence presented in the affidavit that the Defendant ever sought to access child pornography on his computer, used his credit card to join any websites linked to the downloading or transmission of child pornography, or that the Defendant ever possessed child pornography in a digital format, Weiss wrote.

As of late Friday, the State Attorney's Office had not filed a response, court records show.

Palm Beach County Circuit Judge Karen Miller has scheduled a status check in the case for March 11, but a trial date has not yet been determined.

According to an arrest report, Budd rewarded his student victims with "Budd Bucks" or candy in exchange for sexual acts. The crimes happened numerous times in a classroom at the Catholic school, West Palm Beach police said.

The now-contested search of Budd's computer uncovered 41 photos and 19 videos, prompting the filing of the child porn counts.

Weiss has also challenged the sexual battery allegations, noting that "while serious and distasteful, are entirely uncorroborated by substantial and competent evidence."

Before his arrest, Budd was known as a respected teacher who most recently worked with adult students at South Tech Academy in Boynton Beach, Weiss said.

Budd also had no prior criminal history. He is divorced with three adult children and five grandchildren.