Accused voyeur wants evidence thrown out

Says police used threats to obtain pictures

A Luling man charged with video voyeurism and the possession of child pornography has filed a motion to have all evidence in the case suppressed because he says that police obtained it unlawfully.

Daniel A. Kinder, 33, was arrested on May 2 and charged with video voyeurism after authorities said they found several lewd photos of young girls on his computer. Kinder allegedly took photos of women and young girls at several different locations around the area and zoomed in on specific parts of their body.

On May 17 he was booked with an additional seven counts of child pornography. Police said that an anonymous tip led them to Kinder.

On July 19, Kinder and his attorney, Deanne Sirmon, filed a motion to suppress all physical evidence and all statements or confessions related to the case.

The motion claims that items, such as a digital camera, external hard drive and photographs, were obtained through invalid search and seizure involving improper consent. It further alleges that statements made to the police by Kinder involving the case were made while Kinder was under duress because police officers threatened harm to his family’s well-being.

According to the motion, on April 12 detectives approached Kinder’s grandmother’s home – where Kinder lived at the time. The document states that Kinder’s grandmother, a 70-year-old who is recovering from cancer, only consented to having her home searched after the detectives made threatening statements about Kinder. They said that if she did not consent to the search then they would obtain a search warrant, but they had no evidence at that point other than an anonymous phone call.

The document goes on to state that Kinder consented to further search because he felt his ailing grandmother’s health and well being were being threatened if he did not cooperate. Kinder also said that he was misled by authorities, a claim he also made previously during questioning by police.

The motion states that if it were not for the first invalid search in April, the police would have no evidence and none of the statements by Kinder.

Kinder has no prior criminal record and had never been interrogated by law enforcement before, according to the motion.

A status conference on the matter will be held on Aug. 11. The motions will be considered on Sept. 8.

 

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