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June 19. 2012 10:56PM
Man facing child porn charges challenges evidence
BRENTWOOD — A Salem man appeared in court Tuesday to argue that police did not have the right to seize his home computer after he was questioned about taking pictures of children at Canobie Lake Park.
David Lantagne, 46, is asking a judge to throw out evidence in connection with his indictment on six counts of attempted possession of child sex abuse images.
Those images were discovered during a search of his computer by police, court documents say.
Judge Marguerite Wageling heard testimony on Tuesday from two men who questioned Lantagne after a woman complained about him loitering around a water slide at Canobie Lake Park on July 6.
Christian Mascaro, a former security worker at the park, testified about taking a complaint from the woman and calling in the head of the security, who also is a part-time Salem police officer.
“To me, it looked like he was taking pictures,” Mascaro testified.
Steven McPherson, head of security at the Canobie Lake Park, testified that he watched Lantagne use his phone and move in a way that appeared he was photographing girls, then checking his phone afterward.
McPherson said when he and a Salem police officer confronted Lantagne, he admitted it wasn't his first time taking pictures of young girls.
“I asked him if he's done it before. He said 'a few times,'” McPherson testified. “He said, 'I've done it here and I have done it at the mall in Salem.' … I asked him if he thought he had a problem, and he said, 'yes.'”
Defense lawyer John Macoul is arguing that police had no right to take control of his client's cell phone, and there were no rules posted that prevented Lantagne from taking photographs.
Lantagne was then charged with disorderly conduct for his activities at the amusement park and brought to the police station for processing.
He was questioned twice at the station while police obtained the search warrant for his home computer.
James A. Kimble may be reached at JKimble@newstote.com.
David Lantagne, 46, is asking a judge to throw out evidence in connection with his indictment on six counts of attempted possession of child sex abuse images.
Those images were discovered during a search of his computer by police, court documents say.
Judge Marguerite Wageling heard testimony on Tuesday from two men who questioned Lantagne after a woman complained about him loitering around a water slide at Canobie Lake Park on July 6.
Christian Mascaro, a former security worker at the park, testified about taking a complaint from the woman and calling in the head of the security, who also is a part-time Salem police officer.
“To me, it looked like he was taking pictures,” Mascaro testified.
Steven McPherson, head of security at the Canobie Lake Park, testified that he watched Lantagne use his phone and move in a way that appeared he was photographing girls, then checking his phone afterward.
McPherson said when he and a Salem police officer confronted Lantagne, he admitted it wasn't his first time taking pictures of young girls.
“I asked him if he's done it before. He said 'a few times,'” McPherson testified. “He said, 'I've done it here and I have done it at the mall in Salem.' … I asked him if he thought he had a problem, and he said, 'yes.'”
Defense lawyer John Macoul is arguing that police had no right to take control of his client's cell phone, and there were no rules posted that prevented Lantagne from taking photographs.
Lantagne was then charged with disorderly conduct for his activities at the amusement park and brought to the police station for processing.
He was questioned twice at the station while police obtained the search warrant for his home computer.
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James A. Kimble may be reached at JKimble@newstote.com.
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