Judge dismisses child porn charge in Steven Powell case

A judge dismissed a child pornography charge against Steve
Powell, the father-in-law of missing Utah mother Susan
Powell, as his trial began with jury selection Monday.

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.

Steve Powell was accused of secretly recording more than
2,000 images of two young, neighbor girls in their home as
they took baths and used the toilet.

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.

Prosecutors did not immediately say whether they would
appeal. Attorney Anne Bremner, who represents the former
neighbors, now 12 and 14, said the family was
disappointed, and that the child porn count should have
been left for the jury.

Prosecutors hope to present some of Powell’s diaries taken
during a search of his Puyallup home last year which are
“essentially confessions to criminal activity,” according
to the state’s trial memorandum. Samples from the diaries
include: ” … I’m a voyeur,” and “I’ve been going nuts
and sexually out of control nearly my entire life.”

The prosecution pointed to references of Powell’s
daughter-in-law, Susan Cox Powell, in diary entries which
described how he stalked her and took videos of her from
under a bathroom door.

In some of the entries, which date back to 2003,
prosecutors say Powell wrote that he and Susan were a
“perfect match” because he is a voyeur and she is an
exhibitionist.

The defense asked for the diaries to be excluded from the
trial, arguing that they are not relevant to the current
charges and the mention of Susan Powell could
prejudice the jury, according to Deseret News.

Meanwhile, Susan Cox Powell’s parents watched as Powell
was led into the courtroom Monday. Chuck and Judy Cox
hope that the case will shed some light on her
disappearance more than two years ago in Utah.

“It was really surprising to me the extent of his
infatuation with my daughter,” Chuck Cox told Deseret News.

Susan Cox Powell is presumed dead. Her husband, Josh
Powell, was a person of interest before he killed himself
and their two sons in a fiery explosion in February at a
rental home in Graham, Wash.

While Steven Powell was never a suspect in the case, it
was a search of his Puyallup home tied to her
disappearance that prosecutors say uncovered thousands of
images of women and children taken without their
knowledge. Some of the photos depicted Susan, according to
court documents.

As the field of potential jurors narrows in the voyeurism
trial of Steven Powell, opening arguments could begin as
soon as Wednesday.

Jury selection also began Monday with a
majority among the pool of 70 indicating to Judge
Culpepper that they had heard about the case in the
media. More than a dozen potential jurors said they had
already formed opinions of Mr. Powell, and at least four
were excused when they said they could not reach a
decision fairly.

Remaining jurors were told to avoid media attention
surrounding the case, including posts on social media
sites such as Facebook and Twitter.

The Associated Press contributed to this report.