Motion denied: Wheeler porn case to go to trial

WILMINGTON – A motion to suppress the evidence in the child pornography case against former Tower Hill Headmaster Christopher Wheeler has been denied.

This means that the case will now go forward to trial in front of Superior Court Judge Eric Davis on Oct. 7, where the 54-year-old Wheeler faces 25 counts of dealing in child pornography that could put him behind bars for a decade.

Davis found police and prosecutors followed the proper procedure in their search of Wheeler's home in October 2013 that led to the discovery of more than 1,400 images and videos of child pornography.

Wheeler's attorney Thomas Foley declined comment on the ruling Friday, citing the fact that the case is still "an active prosecution."

Deputy Attorney General Abigail Layton said prosecutors were pleased with the decision by Judge Davis.

Foley had argued that the search was improper and therefore the evidence was inadmissible. If the evidence had been suppressed, the state's case against Wheeler would have been gutted.

Foley alleged that authorities "invented" an allegation that Wheeler tried to intimidate and tamper with three men, including Wheeler's adopted Russian son, who all claimed Wheeler sexually abused them when they were minors.

Foley also charged it was "complete nonsense" to believe that evidence of witness intimidation and tampering would be found in Wheeler's home, office, car or private airplane and that the search was essentially an improper fishing expedition by police.

In court, Layton argued that the search warrant was legitimate because Wheeler's alleged sex assault victims had provided police with information that Wheeler had a pattern of abusing boys and "would offer payments, pay them or offer restitution."

In response to a letter last year from the man who sought "appropriate resolution to and restitution for the abuses you have caused," Wheeler wrote that he looked forward to meeting to discuss "appropriate steps toward resolution and restitution."

When a state police detective found photo and video files with titles suggesting they contained child porn, Layton said the detective stopped the search for evidence of witness tampering and obtained a new warrant to search for child porn.

Davis wrote that the defense did not provide sufficient evidence to show the state acted recklessly in its actions. And while some things were omitted from the paperwork seeking a search of Wheeler's home, Davis said that would not have changed the analysis by the judge who approved the warrant.

Wheeler resigned his position as head of Tower Hill shortly after the October 2013 search.

Contact Sean O'Sullivan at (302) 324-2777 or sosullivan@delawareonline.com or on Twitter @ SeanGOSullivan