Defense bid fails in porn motion

WINCHESTER — A motion to suppress evidence in a child pornography case against a city man was denied Friday.

Benjamin Joseph Heavner, 29, of Wharton Circle is charged with 11 felony counts of possession of child pornography.

Authorities found probable cause in the case April 12, 2010. An administrative search warrant was returned April 26, and a criminal search warrant was issued June 23 and executed the following day.

Heavner’s defense attorney William “Beau” Bassler said he sought to suppress any evidence found by authorities because of the approximately 72 days between the determination of probable cause and the time the officers obtained and executed the search warrant.

Winchester Circuit Court Judge John E. Wetsel Jr. said he believes search warrants can be executed up to 90 days after probable cause is found.

Neither Bassler nor city Commonwealth’s Attorney Alex Iden would comment on the matter after the hearing.

A trial date has not been set for Heavner, who is being held in the Northwestern Regional Adult Detention Center. He faces a maximum sentence of more than 100 years in prison if convicted.

— Contact Matt Armstrong atmarmstrong@winchesterstar.com