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Porn suspect loses legal challenge

HOLLIDAYSBURG — An Altoona man accused almost four years ago of possessing and distributing child pornography has lost a legal challenge to the criminal charges he faces.

In a recent ruling now on file at the Blair County Prothonotary’s Office, Judge Daniel Milliron rejected requests on behalf of Kensil Wayne Bowman, 51, for dismissal of criminal charges the state Attorney General’s Child Predator Unit filed in June 2015.

Milliron based his ruling on hearings conducted in January and April with Senior Deputy Attorney General Christopher Jones and defense attorney David J. Kaltenbaugh.

Beyond those hearings and Milliron’s ruling, the court docket indicates that the case has languished through repeated cancellations and delays. Its next review is set for June 24. Bowman has remained out of jail since July 1, 2015, when bail was posted about two weeks after his arrest.

In challenging the evidence against Bowman, Kaltenbaugh advised Milliron that child predator unit agents searched Bowman’s Altoona residence in 2015 with an invalid warrant.

The warrant was issued, Kaltenbaugh stated in court documents, in response to an affidavit with no statement of probable cause, so all the evidence seized during the search should be suppressed.

Milliron decided otherwise because of testimony offered by agent Nichole Whaley.

Whaley reported that before asking for a search warrant, agents had an internet protocol address for Bowman’s computer as well as Bowman’s residential address. Those addresses, along with some additional knowledge and information provided a sufficient basis to ask for the warrant, she said.

“This court believes the same was provided to (Magistrate Todd F. Kelly), giving him a substantial basis for determining the existence of probable cause,” Milliron said.

Kaltenbaugh also asked Milliron to suppress inculpatory statements Bowman made at the time of the search.

Despite Bowman’s claims of having no notice of his rights, Milliron’s order references a recording that investigating agents made at the time of the search warrant. On the recording, Bowman said he lived alone and admitted to using a “peer-to-peer” file sharing program, Milliron mentioned in his ruling dismissing the request to keep Bowman’s statements out of further court proceedings.

Bowman’s charges include 11 counts of child pornography possession, five counts of dissemination of photographs, videotapes, computer depictions and films and one count of criminal use of a communication facility.

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