Tuesday, July 18, 2006

Tape can be used in Shields case

A videotape of female athletes made by an accused teacher can be used as evidence at trial, according to a ruling by a Schuylkill County Court judge.

61-year-old Daniel Shields, the former track coach at Nativity BVM, is accused of secretly videotaping members of the girls track team in the school's locker room during 2004 and 2005.

Shields attorney Emmanuel Dimitriou, petitioned Schuylkill County Court to challenge the use of the videotape, which was stolen from the Shields home by two Nativity students. The attorney said that the tape should be excluded because it was illegally obtained by police.

According to the Pottsville Republican and Herald, during testimony, the two young men stated that they, and other students and parents, viewed the tape before turning it over to police. Police then went to the school, with search warrants, and uncovered additional evidence implicating Shields to the crimes.

Judge John Domalakes ruled that since the police did not have anything to do with the unlawful search of the home, authorities were in lawful possession of the tape because it was brought to police by the two who took it.

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