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Coach seeks suppression of evidence in sex crime case

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Questions arise as to legality of forensic analysis

A traveling basketball coach accused in Shawano of attempting to facilitate a child sex crime and possessing child porn was in court Tuesday for a hearing on a defense motion to suppress evidence collected in the case.

Nicholas R. Bennett, 24, of Portland, Oregon, was a basketball coach with Pro Shot Shooting Systems, which offers basketball camps and clinics in various venues across the United States, including schools.

He was arrested Oct. 17 after allegedly trying to arrange a sexual rendezvous with a 13-year-old boy who had attended an Oct. 13 basketball camp held at Sacred Heart Catholic School in Shawano.

Detective Sgt. Gordon Kowaleski of the Shawano County Sheriff’s Department testified Tuesday that authorities initially sought a search warrant for a duffel bag and a backpack that were in a room at the Super 8 motel where Bennett was staying. The backpack contained a laptop, iPad, PlayStation and USB drive.

The warrant specifically stated that evidence was being sought in the investigation of the computer sex crime charge; but after child porn turned up on the laptop, a second warrant was sought specifying evidence of child porn possession.

Kowaleski said he wanted to err on the side of caution with a new warrant because, “we had a new crime.”

According to the criminal complaint, authorities found thousands of videos and images of child pornography.

Defense attorney George Pappas questioned whether detectives had the authority to do the forensic analysis of the laptop and other items found in the duffel bag and backpack, saying the authority came from Kowaleski’s “interpretation” of the initial search warrant.

State and defense attorneys will make their arguments in briefs expected to be filed with the court within the next two months.

Bennett is being held on a $100,000 cash bond.

Bennett could face a maximum 25 years in prison and a $100,000 fine on each of the 201 counts of child porn possession, if convicted.

He could also face a maximum 40 years in prison and $100,000 fine if found guilty of using a computer to facilitate a child sex crime, and 25 years and a $100,000 fine if convicted of attempted child enticement.

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