A Westmoreland County judge on Monday ruled a cellphone video showing a woman having sex with a boy was legally obtained by authorities.
Charles Hunter, 35, of Greensburg is awaiting trial of multiple counts of rape of a child, possession of child pornography and related offenses in connection with the video police said was recorded in November 2018.
Police said Hunter urged his former girlfriend, Corby Jo Kinzey, to have sex with the boy and record video of the act. In a separate case, Hunter also was charged with raping Kinzey.
Police viewed the video that was sent to the mother of Hunter’s then-girlfriend and, according to court records, found text messages between the two about the video involving the child.
Common Pleas Court Judge Christopher Feliciani, following Monday’s hearing, rejected a defense request to bar the video from evidence. The defense claimed police were not permitted to confiscate and search Hunter’s phone, where they reportedly found the video.
Defense attorney Douglas Sepic argued police had no authority to do so because neither Hunter nor his phone were specifically referred to in a warrant that authorized the search at Kinzey’s home. Hunter was with Kinzey when police executed a search warrant and the phone was not in Hunter’s possession at the time of the search, Sepic argued.
“The search warrant did not apply to Mr. Hunter or his phone,” Sepic said.
Assistant District Attorney Jim Lazar said police confiscated a phone found on a desk. It was not in Hunter’s possession but likely discarded during the search. He argued its contents are admissible evidence.
“The fact he was there at the time is unfortunate for him,” Lazar said.
Hunter has been in jail without bond since his arrest. His trial is tentatively scheduled to begin in April.
Kinzey, 28, of Greensburg is also charged with multiple counts of rape of a child and possession of child pornography. According to court dockets, she is scheduled to plead guilty on March 31.
A third woman, Amanda Smith, Hunter’s girlfriend at the time of his arrest, is free on nominal bail. She awaits trial on possession of child pornography and disseminating video of a child sex act. Police said Smith, 32, of Loyalhanna shared the video with Hunter’s mother, who reported the incident to police.
