Judge tosses child porn charges against former theater worker
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OLYMPIA, Wash. -- A judge on Monday tossed out a host of child pornography charges against a former theater worker after ruling police had illegally obtained evidence in the case.
Troy Fisher, who often worked with children at the Olympia Playhouse as the theater's artistic director, was facing 14 counts of possession of depictions of minors engaged in sexual acts.
The case began when Fisher, 52, was reported missing by family members on July 23.
While looking for clues into his whereabouts, police looked through his phone and computer. They allegedly found 151 child porn images involving boys and girls, aged 10 and 14, engaging in sexual act with adults and with each other.
Even after his arrest, several parents and their children stood by Fisher's side. Many of those supporters were in court to cheer a Thurston County judge's decision to drop the charges.
"I never doubted for a minute these charges would be dropped," one supporter said.
The judge ruled the search that turned up the images was illegal because detectives didn't have a search warrant and the evidence was actually discovered hours after Fisher was found.
Fisher claims others had access to his computer and he has no idea where the pornographic images came from. The Capitol Playhouse fired Fisher after his arrest, and he said whether or not he returns to his old job, his outlook won't change.
"I've been an advocate for young people my entire life, in the trenches helping young people realize their potential and know the joy of becoming who they can be," he said.
Fischer said he still doesn't know what happened to him during his mysterious two-day disappearance. He said he's hired a forensic expert to prove the pornographic images found on his computer didn't come from him.
Troy Fisher, who often worked with children at the Olympia Playhouse as the theater's artistic director, was facing 14 counts of possession of depictions of minors engaged in sexual acts.
The case began when Fisher, 52, was reported missing by family members on July 23.
While looking for clues into his whereabouts, police looked through his phone and computer. They allegedly found 151 child porn images involving boys and girls, aged 10 and 14, engaging in sexual act with adults and with each other.
Even after his arrest, several parents and their children stood by Fisher's side. Many of those supporters were in court to cheer a Thurston County judge's decision to drop the charges.
"I never doubted for a minute these charges would be dropped," one supporter said.
The judge ruled the search that turned up the images was illegal because detectives didn't have a search warrant and the evidence was actually discovered hours after Fisher was found.
Fisher claims others had access to his computer and he has no idea where the pornographic images came from. The Capitol Playhouse fired Fisher after his arrest, and he said whether or not he returns to his old job, his outlook won't change.
"I've been an advocate for young people my entire life, in the trenches helping young people realize their potential and know the joy of becoming who they can be," he said.
Fischer said he still doesn't know what happened to him during his mysterious two-day disappearance. He said he's hired a forensic expert to prove the pornographic images found on his computer didn't come from him.
Furthermore, the authorities knew month ago that the evidence wouldn't hold up to constitutional scrutiny but were hoping some kid would come forward and make an accusation.  Didn't happen. At this point, Mr. Fisher has been thoroughly vetted and should be allowed back to his normal life.  He should be compensated by the county for putting him through this hell.  If our county officials/law enforcement/DA's don't understand basic constitutional evidence collecting...they should be held accountable or fired.  This case should have been tossed out a long time ago.
This man has worked with hundreds (if not thousands) of children and after the news of the charges spread like wild fire across the community, not one claim of child abuse has come to surface?  Witch hunt failed! Watch your back you could be next.Â
There are several viruses that can put offensive pornography [primarily involving minors] into caches on your hard drive. These can be found with any decent internet search engine and then you can set your anti-virus software to protect against them. However, just like with anything else, the crooks are always one step ahead of the cops so it's something everyone should be aware of.
Child pornography is one of those crimes [like domestic violence and sexual assault] where our society requires that a man prove himself innocent; where the mere accusation can ruin a male's reputation. Sadly we don't allow such accusations to be dealt with in court and insist on 'trying them in the media'. It's regrettable, but that is simply how we are.
Sounds a bit fishy don't you think? so he is full time I assume...who else had access to it? ... smells funny tho
Child Porn is disgusting and wrong, but you can not violate someone's rights so you can secure a conviction. There is no excuse for violating his rights. Warrants would have done just fine, and the man would be paying for his crimes right now. Good job idiots.Â
That said, if what he says is true, that the security of his computer was violated and the child porn is not actually HIS (He did not put it there in other words), than this is scary. THAT needs to be gone after aggressively.Â
Here is an article of how a virus puts child porn on your computer without you ever knowing it.  I suspect this is what has happened. http://www.foxnews.com/story/0,2933,573085,00.html#ixzz2Ly5qQo5b
@James DeHart Oops. I thought he was a guilty person getting off too easy untill I read that. Now I dont think I can ever believe anything one way or the other again. Thats an important thing to read.
@James DeHart I'm wondering of botnet owners rent out other people infected computers online so they can be used for nefarious purposes. It's wouldn't be hard to do. Keep that security software up to date folks.
You know, there are programs such as Picasa that will show every image or video on your computer. If others (this includes mischievous daughters and her hyper-sexual neighbor girl friend, especially) have access, you might want to use it now and again.  Then, if you find anything inappropriate, simply destroy your hard-drive after backing up everything else on Carbonite.
It is best to store your information on your computer, using things such as Carbonite is asking for trouble because you don't have FULL control over the info after they have it.
Wow! Â He beat it on a technicality. Â What a man...
Not...
Dirt bag!
If he is innocent and can prove his computer was used by someone else to download those pictures, more power to him, but I happen to be the kind of mamabear who would never allow my child to be in his presence again. Sounds like he got off on a technicality.
@takncarabizniz I'm a mamabear too. All of the parents of his students are mama bears. Most of his students have been studying with him for years. We sat down with our children and our peers and discussed this when it first happened. Not one of us abandoned him. We've been to each of the court hearings. What frightens me most about this? The vast discrepancy between fact (as reported in the court documents) and what the media has done with this man's reputation. It was not a 'technicality'... a technicality is a small fact that a lawyer will use as strategy. The Judge gave the Prosecution several opportunities to justify (with evidence) a continuation to trial. The prosecution had nothing! Any impartial person present at the court today could see that his civil rights were violated by the police. They   threw it out because they did not have a case.Â
Not buying it, if a private citizen found that stuff on his computer (say a tech doing work on it for him) and reported it that is fair game. Should be the same for cops.
@Citizen#3457899654 Nope.
There are many not so factual statements in this story. Â First, the name of the Playhouse is Capital Playhouse. Second, Troy was not fired from the Playhouse, he resigned. Three, they found 151 alleged images that may or may not have depicted children in sexually detailed images. Â Please keep your story correct or stop posting things so quickly.
His comments sound exactly like something Jerry Sandusky would say/said.
@Sensual Totally irrelevant what Jerry Sandusky may or may not say. Stay on topic, please.
@Furd @Sensual Dude, your an idiot.
@Sensual @Furd YOU call ME an idiot when you don't even know the difference between your and you're?
Just one screw up from the police allowed this creep to walk free. Nice job officers! Epic Fail!
@Zoso The police didn't screw anything up. They searched his stuff because he was missing. They didn't have the legal right to collect evidence on other potential crimes.Â
@lakeview When you are looking for a missing person, tracking their history is a good starting point. Usually you are not expecting to find child porn on that medium...so while you call it "collecting evidence" I call it falling into evidence. Either way they screwed up...many different ways to deal with it.
From news reports that I've seen, the 'illegal search' was performed AFTER he was found and he was no longer missing.  They could no longer legally search his PC to 'help find a missing person' because he was no longer missing. It was only during this time AFTER he was found that the child porn was found. Therefore without a warrant, the continued search of his PC was illegal.
I want any scumbag pedo n jail muself, so I'm not happy with the results here.
@lakeview @Zoso The police had the familiesâ permission to search his phone and computer. They did not need a warrant to find it. This liberal judge has just written a new law that will make it even harder for the police to do their job next time. What they found was in plain site while doing the search.
@bustedupredneck @lakeview @Zoso Not quite. The police did not have permission ~ they asked his nephew who was a minor (therefore not legal) and took the computer before Troy had been missing 24 hours. The police DO need a warrant, as per the Constitutions of the US and WA State Constitutions regarding search and seizure. The female police officer did not find it "in plain site'. At least that is what has been stated in countless court documents.  Not always the truth is put to press.Â
"She puts the lotion in the basket"
Creep.
So this guy is guilty, but now because of a info gathering screw up he is free. Hope his picture is put up in a lot of places.
@aintno1special How do you know he is guilty, because YOU say he is?
@Furd Why yes that is the new ruling...what I say shall be law! ...please quit being so Liberal.Â
@aintno1special I'll second that motion. It would probably make the state run smoother if you did it all. What's the budget look like for 2020?