MYNORTHWEST NEWS

Judge throws out journal entries in Steven Powell voyeurism case

May 8, 2012, 10:14 AM | Updated: 6:33 pm

A judge has thrown out several pieces of key prosecution evidence in the trial of Steven Powell, saying journal entries about his missing daughter-in-law, Susan Cox Powell, would prejudice the jury.

Judge Ronald E. Culpepper ruled Tuesday that the entries, which date back to 2003, do not have a bearing on the ongoing voyeurism case. He said the entries would not be admitted into evidence.

“It certainly shows a guy with some disturbing beliefs about his relationship with his daughter in law,” Culpepper said. “But the issues in this case are whether Mr. Powell is guilty of voyeurism involving these two girls who were in the neighborhood. His fantasies about Susan Powell I think don’t have much to do with that.”

However, Judge Culpepper will allow the jury to hear part of an entry which Powell allegedly wrote in August 2004. It states that Powell enjoys taking video shots of “pretty girls in shorts and skirts, beautiful women of every age.” According to the state’s trial memorandum, Powell wrote that he took such photos for his sexual gratification.

Powell, 62, has been charged with 14 counts of
voyeurism. He also faced one count of possession of
depictions of minors engaged in sexually explicit conduct.
However, Judge Culpepper threw the latter charge out
Monday, ruling that Powell’s alleged crime did not fit
state statute for child pornography.

Steven Powell is accused of secretly recording more than
2,000 images of two neighbor girls, who were minors, in their home as they took baths and used the toilet.

“I disagree with him, respectfully, on this whole issue on
whether you need something more than a picture of private
or intimate parts for child pornography,” Seattle Attorney
Anne Bremner told 97.3 KIRO FM’s Ross and Burbank Show. “I
think it was Potter Stewart who said on pornography ‘You
know it when you see it.’ You know it when you see it with
these kinds of pictures of the girls.”

Bremner said she represents the two neighbor girls, who are now 12 and 14. Their mother is expected to testify at Powell’s trial on Wednesday.

Prosecutors argued that Washington lawmakers changed the
child porn law in 2010 to make clear that such activity is
illegal. The law defines “sexually explicit conduct” as
the depiction of a minor’s genitalia, breast or buttocks
for the purpose of sexual gratification of the viewer, and
it specifies that the child does not need to be aware that
he or she is participating in the conduct.

“I’m sitting here right now looking at this statute and it
basically says that if you take a picture or video a child, of their private parts, that’s child porn,” Bremner said.

Also on Tuesday, a 14-member jury was selected from a field of 70. Two of the jurors will be alternates. Many were excused during the two day selection process because they believed they could not remain impartial. Several jurors said media coverage of the Powell case had already informed their opinions.

Opening arguments and testimony in the trial are scheduled to begin on Wednesday.

The Associated Press contributed to this report.

MyNorthwest News

Michelle Gutierrez, organizer with Service Employees International Union joined with the Denver Pos...

Sam Campbell, KIRO Newsradio and Bill Kaczaraba, MyNorthwest

More freedom for Washington workers as noncompete contracts are challenged

The Federal Trade Commission has swung its regulatory hammer, striking down nearly all non-compete agreements.

1 hour ago

boeing q1 loss...

Frank Sumrall

Boeing posts $355 million loss in Q1 after series of company crises

"We are in a tough moment," Boeing CEO David Calhoun said as the company announced a $355 million loss in 2024's Q1.

5 hours ago

Photo: Lund Hill solar farm in Klickitat County, Washington, the state’s largest photovoltaic pla...

Julia Dallas

Washington receives over $150M to implement solar, lower energy costs

On Monday, The EPA announced Washington has been selected to get $156M to develop long-lasting solar programs for low-income communities.

17 hours ago

Image: Buddy Booth is seen as a young adult. Episodes of Season 2 of The Letter from KSL Podcasts a...

Amy Donaldson - executive producer, KSL Podcasts

The Letter Season 2: Sense of dread precedes second 1982 Millcreek Canyon murder

The second episode of the second season of The Letter, "Ripple Effect," details the second man killed in a 1982 double murder.

18 hours ago

Photo: West Seattle High School students held a pro-Palestinian protest....

James Lynch

Western Washington students walk out against Israel-Hamas war

Around 100 West Seattle High School students joined other groups across the nation in protesting against the Israel-Hamas war.

21 hours ago

Boeing production floor...

Heather Bosch

Boeing engineers allege retaliation over safety concerns

Two Boeing engineers have alleged retaliation by the company’s management after they insisted on a re-evaluation of work on the 787 and 777.

21 hours ago

Judge throws out journal entries in Steven Powell voyeurism case