Friday, October 3rd, 2014

Detective: Took several searches to find photos

Montezuma man on trial charged with 79 counts, including evidence tampering

By Margie Wuebker
Photo by Mark Pummell/The Daily Standard

Timothy Workman, right, confers with attorney Ralph A. Bauer Thursday in Auglaize County Common Pleas Court. Workman is charged with 78 counts of illegal use of a minor in nudity-oriented material or performance and one count of tampering with evidence.

WAPAKONETA - A local detective on Thursday testified it took several searches inside a work van to find evidence showing Timothy Scott Workman photographed two Mercer County minors in the nude.
Jurors heard the testimony by Wapakoneta Police Detective Patrick Green and others - including the mothers of the two alleged teenage victims - during the fourth day of Workman's trial in Auglaize County Common Pleas Court.
The defense was scheduled to continue calling witnesses today after the prosecution rested its case Thursday. The judge said jury deliberations could begin late today or early Monday.
Workman, 44, of Montezuma is charged with 78 counts of illegal use of a minor in nudity-oriented material or performance and one count of tampering with evidence.
Green told jurors the execution of a second search warrant for Workman's van on Oct. 18, 2013, led to the discovery of a pressure switch box containing memory cards, an adaptor, a Samsung cellphone, an iPhone and a box of condoms. The search occurred several weeks after Workman was arrested at a St. Marys motel where authorities say he intended to photograph and/or videotape a minor.
Green said an earlier search was rushed as two officers looked for evidence to substantiate the claims of the two teens who said Workman - a plumbing contractor and martial arts gym owner - had photographed them with a cell phone in various stages of undress.
Four officers participated in the second search, the detective said. They also located at-home marijuana test kits and multiple license plates, Green added.
Officers on the night of Workman's arrest Sept. 30, 2013, seized a Samsung cellphone from the driver's seat of the van, Green said. It reportedly yielded pornographic photos, including some of the alleged victim but authorities suspected there was more evidence, he noted.
Some of the photos recovered captured Workman's arm and chest reflected in a mirror, the detective testified. He called the juror's attention to lettering and a design on a captured bluish gray T-shirt - the same shirt Workman was wearing at the time of his arrest, he said.
Green also showed jurors a recorded interview with Workman on the night of his arrest. It ended when Workman proved uncooperative, he said.
Green also testified that one of the alleged victims, who was under the age of 18 at the time, had told authorities Workman offered to give her $250 to do a video with him and $800 for three more photo shoots at a later date. The detective said Workman had $310 in cash with him when officers arrested him at the motel.
Defense attorney Ralph Bauer asked Green why he did had not asked Workman whether he was Christy LLL, an account name allegedly used by the defendant on his iPhone to set up photo shoots and request a video.
"My client never admitted to taking photographs," Bauer asked Green, who replied "No."
Immediately after the state rested its case, Bauer requested an acquittal of all charges, claiming there was not sufficient evidence to convict his client.
Auglaize County Assistant Prosecutor Anthony Augsburger quickly pointed out the alleged victims identified Workman as the person who conducted the photo shoots and referred the court to the pornographic photos of the young women.
Judge Frederick Pepple denied the motion for acquittal, explaining a jury would conclude whether Workman is guilty of the charges.
Bauer, before calling witnesses, told the court Workman had requested testimony from several people who could be detrimental to his case. Pepple reminded Workman he had hired Bauer and co-counsel Quinten Derryberry II in his best interest and questioned his desire to proceed. Workman said he intended to go forward. Pepple replied, "It's your case."
Patrick Mains, who owns a repair and multimedia conversion business in Lima, testified that he enlarged photos for Workman about 20 to 30 times.
The mothers of the two alleged victims were called as defense witnesses by Bauer to cast doubt on whether the identity of the photographer was Scott Workman or another man also named Scott who owns a martial arts gym in Bellefontaine.
One woman admitted using the Bellefontaine-area man's name after hearing that a Rockford police officer found him listed as a friend on her daughter's Facebook page.
"I meant to say Workman - the man who operates a martial arts gym in Montezuma," one of the mothers told jurors.
The Bellefontaine-area man testified earlier that he knew neither of the young women in the photographs, and uses Facebook to promote his gym.
The other mother testified she was not happy that her daughter had modeled for Workman.
If Workman is convicted on all 79 charges, he faces a maximum of 354 years in prison.
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