The preliminary hearing for a Hutchinson man who allegedly used electronic equipment to make contact with what he thought was a 15-year-old girl for sexually explicits purposes is in recess until November 9.
34-year-old Edward Anthony Rodriguez is charged with attempted indecent liberties with a child, 10-counts of electronic solicitation of a child for sending photos of himself to the child, some considered very graphic according to Police. Rodriquez is also charged with one count of lewd and lascivious behavior.
Rodriguez apparently believing he was in contact by e-mail and text messaging with a 15-year-old girl. But, it was Police Detective Scott Carlton who he was communicating with. When he agreed to meet with what he thought was the 15-year-old at a Hutchinson home, he was met by detectives instead.
In court, it was brought up that the defendant says he believed he was having conversations with an 18-year-old, with that female at some point sending him at least one naked photo, but didn’t show a face and police became involved when that person came forward as a confidential informant. That occurred on June 22nd. Police then started making contact with Rodriguez around June 30 leading to the arrest around July 8.
The defense made a request of Magistrate Judge Randy McEwen that any and all contacts or conversations with that informant from Facebook and any text messages be preserved. That was granted, but the judge denied the defense request that the informant be identified with District Attorney Keith Schroeder objecting to the request.
Defense Attorney Lee Timan argues that the informant started the conversations with Rodriguez and he never knew there was any change from when the informant was talking with him and when police took over. He says there could be some entrapment issues in this case.
That’s where things stand now with some discovery issues being requested by the defense. There is also some question as to whether some statements made by the informant to Police Detective Carlton should be allowed in court. The defense contends it could be hear-say.
Carlton was still on the stand when the hearing was recessed and again is expected to pick up again on November 9.
