Bestiality, child porn
Davenport, IA (US)

Incident Date: Saturday, Oct 15, 2005
County: Scott

Disposition: Alleged

Alleged:
» Kerwin Lamont Summage
» Melissa Mae Brown - Convicted

Every day Kerwin Lamont Summage sits in the Dubuque County Jail, the clock ticks.

His attorney says that clock has ticked for too long.

Cedar Rapids attorney Anne Laverty has filed a motion to dismiss all child pornography-related charges against Mr. Summage because, while the case has been delayed through a barrage of appeals, including one to the U.S. Supreme Court, his right to a speedy trial has been violated.

The 40-year-old Davenport man has been in federal custody since his indictment Oct. 14, 2005. Another indictment was filed later for two counts of production of child pornography and one count of possession of child pornography.

Federal law states suspects must be tried within 70 days of appearing on the charges or from the filing of the indictment, whichever is later. The "speedy trial clock" is paused while decisions in the case are appealed or motions have to be heard.

In her motion, Ms. Laverty estimates more than 100 days have passed on the clock, while Mr. Summage has been in custody for nearly 880 days.

Davenport police began investigating Mr. Summage and his then-girlfriend, Melissa Mae Brown, 32, after a mentally handicapped man complained to police that Mr. Summage had paid him to be videotaped having sex with a woman in July 2004.

Based on the man's complaint, police obtained a warrant from a Scott County judge to search Mr. Summage's apartment for videotapes, DVDs, pornographic pictures, recording devices and computers.

At Mr. Summage's apartment at 1825 W. 40th St., police found at least two recordings of child pornography and other tapes showing Ms. Brown performing sex acts with three dogs and prostituting herself at various times between January 2001 to July 2004, according to court documents. Mr. Summage is accused of taping these events, along with performing sex acts on a dog, a fish and other animals on camera, court records state.

Ms. Brown took a plea agreement for a 10-year prison sentence and has to testify against Mr. Summage. She's being held at Mount Pleasant Correctional Facility with a discharge date listed in July 2009.

When Mr. Summage's case became a federal matter, defense attorneys immediately attacked the application for a search warrant that Davenport police used to obtain the tapes. U.S. District Court Judge Robert Pratt ruled in April 2006 that Mr. Summage's Fourth Amendment right from unreasonable search and seizure had been violated because the application "lacked probable cause" and was "over-broad."

When the search warrant was thrown out, federal prosecutors were left with no evidence against Mr. Summage two weeks before trial. They appealed Judge Pratt's decision to the U.S. Court of Appeals, 8th Circuit, which overturned the ruling.

Because the U.S. Supreme Court denied the defense's petition to review the case, prosecutors can use the sex tapes against Mr. Summage.

When deciding whether a defendant's speedy trial rights have been violated, a judge must consider three factors -- the seriousness of the offense, the circumstances leading to dismissal of the charges and the effect of re-prosecution on the administration of justice.

Ms. Laverty argued that the delay of the case affects their defense because key witnesses have relocated, and witnesses' memories fade over time.

"Although the crimes with which defendant is charged are admittedly very serious, the Speedy Trial Act violation is substantial," the motion states.

The U.S. Attorney's Office�s response to the motion was not available Friday.

No trial date had been set as of Friday.

Kerwin Summage timeline:

Note: The days the defense argues against the "speedy trial clock" are marked in parentheses.

January 2001 to July 2004: Hundreds of hours of sex tapes involving numerous animals, children and the mentally handicapped are allegedly made.

July 2004: Melissa Mae Brown and Kerwin Lamont Summage are charged in Scott County District Court.

March 2005: Ms. Brown pleads guilty to third-degree sexual abuse and sexual exploitation of a minor. She is later sentenced to 10 years in prison.

August 2005: Mr. Summage makes first court appearance on bestiality, pimping and other charges.

October 2005: Federal authorities take over case against Mr. Summage.

Jan. 4, 2006: First pretrial motion filed. (35)

April 2006: Federal Judge Robert Pratt suppresses all the evidence in the case after determining the police's application for a search warrant �lacked probable cause� and was "over broad." Prosecutors appealed.

April 2007: The U.S. Court of Appeals, 8th Circuit ruled the tapes and other evidence against Mr. Summage was seized properly.

June 20, 2007: Defense argues this is when clock began running.

Sept. 6, 2007: Attorneys for Mr. Summage filed petition for a writ of certiorari with the U.S. Supreme Court challenging the appellate court's ruling.

Jan. 7, 2008: U.S. Supreme Court denies petition.

Feb. 26, 2008: Defense files motion for dismissal. (100)

References

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