metro » 4135 West Maple Road, Bloomfi eld Hills www.themapletheater.com Kuppe Seeks To Dismiss 4 Counts, Suppress Evidence Bring Your Valentine for Lunch or Dinner at The Maple Kitchen. T Bring this ad in for ONE FREE DESSERT * Purchase two entrees and get One Free Dessert to share. Coupon Valid 2/11 through 2/15/16. Valid for in house dining only. The Maple Kitchen is open everyday at 11 a.m. Order ahead for Carry-out by calling 248-325-9139. Check out our menu at themapletheater.com The Oscars are February 28th! Check out our Academy Awards Viewing Party information on our website. Take your Valentine to a movie at The Riviera Cinema. Bring this ad in for ONE FREE MEDIUM POPCORN * with the purchase of 2 beverages. Offer expires 2/29/16. For tickets and showtimes, please visit our website at the therivieracinema.com Located at 30170 Grand River Avenue, Farmington Hills, MI (off of Nine Mile Road just W. of Middlebelt Road) 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 * 2072120