Chuha Attorney to File Motion to Suppress Evidence
Defense, Prosecution Remain in Talks
During a scheduled pretrial hearing Jan. 10 for Kenneth Chuha, it was determined his case was not yet ready for trial, as counsel for the defense and prosecution are continuing talks.
During a scheduled pretrial hearing Jan. 10 for Kenneth Chuha, it was determined his case was not yet ready for trial, as counsel for the defense and prosecution are continuing talks.
Defense attorney Steven Bradley is also planning to file a motion to suppress evidence, according to records in the Geauga County Court of Common Pleas.
Chuha, 69, of Chardon, is facing charges of pandering sexually oriented material involving a minor, a fourth-degree felony, three charges of illegal use of a minor in nudity oriented material, a fifth-degree felony, and possessing criminal tools, also a fifth-degree felony.
Pandering involves receiving, purchasing or possessing material showing a minor participating or engaging in sexual activity, masturbation or bestiality. Illegal use involves possessing materials or performance of a nude minor.
Chuha pleaded not guilty to the charges during his arraignment Dec. 11 in front of Geauga County Common Pleas Judge Carolyn Paschke.
According to the Ohio Revised Code, an aggrieved person in any proceeding before the court may request for evidence from intercepted wire, oral or electronic communication to be suppressed for a variety of reasons, including unlawful interception, an insufficient warrant or nonconformity with the warrant.
Should the motion be granted, such intercepted communications cannot be used as evidence.
A search warrant was executed at Chuha’s home on Goodrich Street Aug. 20, 2024.
“During the search, interviews were conducted and a number of items were seized. Following the completion of the investigation, including a forensic analysis of the seized items, the matter was presented to the grand jury for consideration of charges,” Geauga County Prosecutor Jim Flaiz previously said.
A Nov. 19 indictment lists two video cameras, a computer tower, a hard drive and two SD cards as property subject to criminal forfeiture.
If convicted, Chuha faces a possible prison sentence of six to 18 months and a fine of up to $5,000 for the pandering charge. The illegal use of a minor charge carries a possible prison sentence of six to 12 months, as would possession of criminal tools, Paschke said in December.
Both the pandering and illegal use of a minor charges also carry a mandatory five years of post-release control following a prison sentence, she said, adding the possession of criminal tools charge carries a possible fine of up to $25,000 and, if convicted of both pandering and illegal use of a minor in nudity-oriented material, Chuha would be required to register as a tier one sex offender.
Both Flaiz and Bradley did not respond to a request for comment prior to press deadline.
File Photo
Defense attorney Steven Bradley, right, pictured here with client Kenneth Chuha, 69, of Chardon, during Chuha’s Dec. 11 arraignment, is planning to file a motion to suppress evidence.
Chuha is facing charges of pandering sexually oriented material involving a minor, a fourth-degree felony, three charges of illegal use of a minor in nudity oriented material, a fifth-degree felony, and possessing criminal tools, also a fifth-degree felony.
