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Ex-teacher's attorney hopes to appeal ruling denying suppression of child porn evidence

October 12th, 2012 11:04 pm by Kacie Breeding

Ex-teacher's attorney hopes to appeal ruling denying suppression of child porn evidence

Randall Scott McCoy, 48.

BLOUNTVILLE — An attorney for a former Vance Middle School teacher accused of possessing almost 600 images of child pornography has filed a motion seeking permission to appeal a judge’s refusal to suppress evidence police seized from the man’s home.


Randall Scott McCoy, 48, of 2004 Eastwood Ave., Kingsport, is charged with one count of sexual exploitation of a minor in connection with 595 alleged images of child pornography police say were stored on four computers seized from his home on June 30, 2010.


In September, Sullivan County Circuit Judge Jerry Beck denied a motion attorney Rick Spivey had filed seeking suppression of the seized evidence. In that motion, Spivey contended the probable cause cited to obtain the search warrant was “insufficient” and that there was a “lack of a nexus between the facts at issue.”


The latest motion, filed Friday by Spivey’s son and law firm partner, Matthew Spivey, contends Beck erred in failing to allow him to make a proffer of evidence, and in failing to allow the defense a chance to question the state’s witnesses and others involved in the preparation of the search warrant.


Citing that the motion to suppress is important to the disposition of the case, Spivey requests permission from the court for a review of Beck’s decision by the Tennessee Court of Criminal Appeals.


McCoy is currently set for a May 20, 2013, trial.

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