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Kuppe Seeks To Dismiss 4
Counts, Suppress Evidence
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26 February 11 • 2016
recording made during the almost two-
hour interrogation, where Kuppe says, “I
he defense attorney for Matthew want, I think I want a lawyer then.” The
Kuppe, the former JCC camp
attorney claims the recording shows the
counselor arrested on charges of “investigative agents’ blatant disregard
taking nude photographs of young boy
for the request.”
campers and posting them on a foreign
According to the motion, Kuppe “was
website, has asked the court to dismiss
distraught and emotional and can be
four criminal counts and suppress sev-
heard crying multiple times through-
eral bodies of evidence he claimed were
out the ordeal. Several times he sought
obtained illegally.
assurance that he was not going to be
On Feb. 2, attorney Walter J.
arrested. The officers either flatly denied
Piszczatowski of the Bloomfield
that he would be arrested, or deftly side-
Township-based Hertz Schram law firm
stepped the issue, or both — his request
filed several motions with
(for an attorney) “fell on
the U.S. District Court
deaf ears.”
for the Eastern District of
Piszczatowski also
Michigan, where the case is
asked the court to sup-
being heard by Judge Avern
press evidence relating
Cohn.
to Kuppe’s AOL account,
After his arrest on Aug.
claiming the password
12, Kuppe was charged
was relinquished through
with six criminal counts:
coercion when more
three counts of production
than 10 federal and local
of child pornography and
law enforcement officers
one count each of distribu-
drew guns and entered
Matthew Kuppe
tion, receipt and posses-
the West Bloomfield
sion of child pornography.
home of Kuppe’s par-
Piszczatowski has
ents, Richard and Linda
asked the court to dismiss the counts of
Kuppe, last August.
production and distribution of child por-
According to court documents
nography on the grounds that the nude
and a report from the Department of
photographs of the boys do not meet the Homeland Security, officers demanded
legal definition of child pornography,
that Kuppe relinquish his cell phone and
which includes “any visual depiction …
its password, which they ultimately used
of sexually explicit conduct, where …
to obtain knowledge of and access to the
the production of such visual depiction
AOL account. Therefore, Piszczatowski
involves the use of a minor engaging in
contends the evidence falls under a legal
sexually explicit conduct.”
concept known as “fruit of the poisonous
In his motion, Piszczatowski said the
tree,” wherein evidence obtained in an
photos may instead fall into the legal
illegal manner is excluded from a case,
category of “child erotica,” where the
regardless of its independent validity.
material is not “sufficiently lascivious” to
Another motion addressed the seizure
be considered sexually explicit.
of Kuppe’s tennis shoes, which were
In addition, Piszczatowski filed a
used to compare to shoes allegedly worn
motion to suppress statements made by
by the person taking the nude photos
Kuppe at the time of his arrest, claiming
in the JCC locker room. According to
that Kuppe’s request for a lawyer was
Piszczatowski, Kuppe’s tennis shoes
denied and that he was not properly
were not mentioned in the search war-
advised of his Miranda rights, which are rant, which specified computer and cell
typically read aloud by an arresting offi-
phone-related items.
cer to ensure a defendant knows he has
Other motions filed by Piszczatowski
the right to a lawyer during questioning
on Feb. 2 involved disclosures by the
and that he can discontinue talking at
prosecution of certain information prior
any time.
to trial and exclusion of evidence from
Piszczatowski maintains that, while
Google and AOL, on the grounds that
Kuppe may have signed a form con-
those search warrants were issued with
taining written Miranda rights, he was
insufficient evidence.
required to sign it “in the perfunctory
The prosecution has three weeks
manner one signs a gas receipt rather
from the date of filing to respond to the
than a waiver of constitutional protec-
motions. A trial date has been set for
tions.”
April 4, providing a plea agreement is
In his motion, Piszczatowski cites a
not reached in the interim.
Ronelle Grier | Contributing Writer
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