OAKLAND — Inside the previous seven months, an area resident has been convicted of possessing baby pornography, charged with having it once more, satisfied a choose to throw out the brand new fees, then been arrested and charged as soon as once more, courtroom information present.
The tumultuous 12 months for 47-year-old Jeffrey Murdock began again in February, when he pleaded no contest to baby pornography possession and was sentenced to probation. Since then, Alameda County investigators say they caught him having it on his digital gadgets two separate occasions. Murdock is now in jail, with bail set at $55,000, and a courtroom listening to scheduled for Oct. 6, information present.
First, in April, Murdock was charged with possessing baby sexual abuse materials discovered on a pill that prosecutors mentioned was his. However after his preliminary listening to, Murdock’s lawyer efficiently argued the case needs to be dismissed. A protection movement says Deputy District Lawyer Arya Poorsoltan, the prosecutor, did not name any witnesses that might set up a quite simple component of the crime: that Murdock really possessed the pill.
“Without any evidence that Murdock had purchased or registered either device, was seen using either device, or was the only person to whom they could have belonged based on the circumstances in which they were found, we cannot ‘entertain a strong suspicion’ that he possessed them,” a protection motions says. On Aug. 8, Decide Scott Patton sided with the protection and threw out the costs, courtroom information present.
So how did Murdock use his dismissal? In accordance with police, simply two weeks later, he was caught with baby sexual abuse materials on his cellphone throughout a probation search. An Oakland police investigator wrote in courtroom filings that he famous “indicia” displaying the cellphone was Murdock’s, in addition to greater than 50 recordsdata depicting kids being sexually abused, courtroom information present.
The telephones had been seized throughout a “release from custody” interview on Aug. 22, between Murdock and his probation officer, in line with courtroom information. Murdock was re-arrested per week later, on Aug. 29, and was charged in September, information present.
Court docket filings declare that Murdock has two prior convictions involving baby pornography, this 12 months and in 2002, in addition to a 2002 conviction, in Texas, for “indecency with a child.”