Lamphier attorney seeks evidence, postponement of child porn trial | TheUnion.com
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Lamphier attorney seeks evidence, postponement of child porn trial

Terry Lamphier was sworn in as a Grass Valley City council person in January by City Clerk Kristi Bashor on the left. He has since resigned and faces three counts of having or possessing digital obscene images of a person younger than 18.
John Hart/jhart@theunion.com | The Union

The defense attorney in a high-profile child porn case involving a former Nevada County supervisor has filed several motions, to postpone the trial and to compel the prosecution to turn over evidence to be examined by a computer forensics expert.

Terry Lamphier has been charged with three counts of having or possessing digital obscene images of a person younger than 18; his trial was set to begin Aug. 18 and could last more than a week.

The criminal investigation against Lamphier was sparked by an anonymous letter just a week before the Nov. 4 election in which he was running for a seat on the Grass Valley City Council; investigators reportedly found images of “very young girls” on Lamphier’s workplace computer.



Lamphier — who said he “has not proactively and knowingly ‘clicked on, visited or downloaded’ any inappropriate material from sites” — won a seat on the council in November and was sworn in Jan. 5 amidst protests. He resigned two days later.

Lamphier faces a maximum sentence of one year in jail on each count, and potentially could be required to register as a sex offender for 10 years.




Lamphier’s attorney, Stephen Munkelt, filed a motion to postpone the trial in order to allow an expert witness time to receive and examine the digital evidence.

According to Munkelt, the expert reviewed the prosecution’s analysis of Lamphier’s computers and found no evidence to establish how or when the pornographic images were placed on the drives, or whether Lamphier was aware of their presence.

Munkelt asked to be allowed to make his own forensic inspection of the evidence on June 25.

According to his declaration, Deputy District Attorney Jennifer Ow responded July 20, offering him only the opportunity to inspect the evidence at the FBI’s Sacramento office. He filed a motion to compel production of the evidence on July 29.

The District Attorney’s office maintains the prosecution analysis and copies of the images was sufficient, and that making copies available would violate the law and put the evidence at risk.

A hearing on the motions has been set for Tuesday in Nevada County Superior Court.

To contact City Editor Liz Kellar, email lkellar@theunion.com or call 530-477-4229.


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