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Defense claims accuser had porn

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DA: Quintana lawyer wants to drag victim through gutter

By Martin Salazar

A new twist has emerged in the high-profile Jay Quintana case — allegations that his alleged victim may have been accessing child pornography on her laptop computer.

The allegation, made in court filings by defense attorney Thomas Clark, has caused quite a stir, prompting motions to seal the court documents containing the allegation.

The defense is fighting to be allowed to introduce the evidence during Quintana’s trial, arguing that it raises questions about the alleged victim’s credibility and mental state.

District Attorney Richard Flores’ office is fighting to keep the allegation away from jurors, arguing that it has nothing to do with the Quintana case. The prosecution contends that the computer where the pornography was accessed wasn’t even in the victim’s possession until after the time when Quintana is accused of sexually abusing her.

“It is clear from the defendant’s motion that he seeks to drag the victim through the gutter to discredit her with the alleged other bad acts, including allegations of child pornography,” the district attorney’s office states in a pleading filed last week.

Nevertheless, the district attorney’s office notified the court in a separate pleading also filed last week that it has referred the child pornography allegation along with evidence the defense says supports the claim to the 11th Judicial District Attorney’s Office in Farmington. That office will determine whether Quintana’s alleged victim should be criminally charged.

Flores’ office argues that referring the child porn allegations to another district attorney’s office “eliminates any conflict” that may have existed for his office.

Quintana, who was the golf coach of the alleged victim, is awaiting trial on multiple charges, including criminal sexual penetration of a minor, criminal sexual contact of  minor and tampering with evidence. The criminal charges stem from the alleged sexual relationship he had with the student throughout her school years and thereafter. She graduated in 2006.

Quintana maintains there was no sexual relationship. The trial is scheduled to begin Aug. 23.

District judge George Eichwald, who is presiding over the case, has temporarily sealed some documents in the case until a hearing can be held on whether the evidence the defense wants to introduce is relevant and admissible.

Clark argued against sealing the pleadings, contending that the district attorney’s office is “inappropriately attempting to protect the alleged victim from the consequences of her being in possession of material which is unfavorable to the victim’s credibility and the state’s case.”

Pleadings remaining in the public case file do not  go into specifics about what was found on the alleged victim’s computer.

A pleading by the district attorney’s office alludes to internet searches by the victim.  

Police seized the alleged victim’s computer in January 2010 as they were building their case against Quintana. They were looking for any communication  between Quintana and the alleged victim.

The FBI was asked to analyze the computer, and the analysis was completed in April 2010.

“An FBI analysis discovered items that they have identified as possible child pornography, as well as pornographic websites containing possible child pornography,” the defense states in one motion. In that same motion, the defense alleges that the detective working on the case knew of the FBI analysis, failed to investigate the possible crime and delayed informing the district attorney of what had been found.

“This court cannot allow law enforcement to pick and choose which cases they will investigate, and what evidence is produced, based on how such investigation will affect another case,” the defense states in its motion to dismiss the case.

There are a host of other motions that have yet to be ruled on, including defense motions to  disqualify Flores’ office from prosecuting and a motion to force the alleged victim to submit to examination by a psychologist retained by Quintana.