LOGAN — A second preliminary hearing for Daniel Stapley has been postponed while attorneys argue about evidence in the case. The 43-year-old Smithfield man was arrested last December and later charged with sexually abusing a child.
Stapley appeared in 1st District Court Monday afternoon. He has been charged with aggravated sexual abuse of a child, a first-degree felony, sex abuse of a child, a second-degree felony, dealing in materials harmful to a minor, a third-degree felony and a misdemeanor of lewdness involving a child.
After meeting with attorneys for both sides in chambers, Judge Thomas Willmore said there were questions about whether a recorded interview with the victim could be used as evidence. The video was taken at the Children’s Justice Center.
Previously, defense attorney Wayne Caldwell questioned the admittance of the video because it prohibited him from questioning the victim directly.
Judge Willmore rescheduled the hearing for October 30.
During an August preliminary hearing, Stapley was bound over on charges that he allegedly downloaded child pornography and molested a five-year-old girl. He was arrested after investigators received evidence that he was accessing images of child porn over the internet. Deputies served a search warrant to his parent’s home, where he was currently living in the basement. They seized his smart phone and took it as evidence. He was later charged with seven counts of sexual exploitation of a minor, a second-degree felony.
Stapley is currently out on bail. He could face up to life in prison if found guilty.
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