Judge's ruling clears way for new Steven Powell vouyerism trial

Judge's ruling clears way for new Steven Powell vouyerism trial

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TACOMA, Wash. — A judge on Tuesday rejected a motion by Steven Powell to throw out the 2011 search of his Puyallup, Washington, home by West Valley police and all the evidence seized because of it, thereby clearing the way for a new trial to begin next week.

Powell, 64, is charged with possession of child pornography in Washington's Pierce County Superior Court for allegedly taking inappropriate pictures of two neighbor girls, ages 10 and 8, using a telephoto lens from his bedroom peering into their home.

The charge was originally part of his 2012 trial when he was convicted of 14 counts of voyeurism, but it was tossed out at the start of the trial. An appeals court later ruled, however, that the charge was wrongly dismissed.

Earlier this month, Powell filed a 127-page motion claiming the search warrant issued by a judge, allowing West Valley police to enter his home, was made under false pretenses. Powell contended that he had been cooperating with law enforcement to that point and a search warrant wasn't necessary.

The warrant was part of West Valley police's investigation into the search for Susan Powell, Josh Powell's wife who has been missing since December of 2009. Josh Powell was living with his father at the time the warrant was served.

It was during the lengthy search of the Powells' home that police discovered thousands of pictures and videos of young girls taken by Steven Powell, as well as photos of his missing daughter-in-law, Susan Powell.

With Steven Powell's latest motion rejected, the court was expected on Wednesday to start handing out jury questionnaires. Prosecutors anticipate opening statements to be delivered July 7 or 8.

If convicted, Powell — who already served 30 months in prison after being convicted of voyeurism — could be sentenced to an additional five years.

Josh Powell murdered his two young sons, Charlie and Braden, in 2012 before killing himself. Susan Powell's body has never been found.

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