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Charges against Q-C man in pornography case could be dismissed

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By Ann McGlynn | Tuesday, April 15, 2008 11:34 PM CDT | () comments

A man accused of making pornography involving women, dogs and an infant could have federal child pornography charges against him dismissed because he has not been put on trial fast enough, wrote U.S. Magistrate Judge Thomas Shields in a ruling that recommends a district court judge dismiss the case against Kerwin Summage.

However, the report and recommendation also says the dismissal should allow for the government to refile the charges against Summage.

Summage requested the dismissal after the end of a lengthy appeal about whether a search warrant and the evidence collected as a result of that warrant should be suppressed in his case. The appeal ultimately made it to the U.S. Supreme Court, which declined his request.

“...the court needs to look at who is responsible for the delay, Summage or the government? Based on the record in this case, the undersigned magistrate judge would find that both are responsible for the delay,” Shields wrote. His recommendation can be appealed.

Summage has been in federal custody for more than two years, his attorney, Anne Laverty, wrote in Summage’s request. The speedy trial act requires a defendant be tried within 70 days.

“Even taking into account exclusions for pending motions and the appeal,” the 70 days has passed, she wrote.

In October 2004, detectives issued warrants for Summage and his longtime girlfriend, Melissa M. Brown, then 29, after officers seized graphic homemade movies involving illegal sex acts. Explicit scenes on the 15 videotapes included an infant younger than 1 year and others involving dogs. The tapes were made from January 2001 to July 2004.

An investigation began after police heard that Summage had paid a man who is mentally challenged to have sex with a female, then videotaped it, according to Scott County District Court records.

Brown was arrested in Georgia and was sentenced to 10 years in prison after she pleaded guilty to third-degree sex abuse and sexual exploitation of a minor, court records show.

Ann McGlynn can be contacted at (563) 383-2336 or amcglynn@qctimes.com.