Child Porn Possession, Bestiality Charges Officially Dropped Due To Search Error

A Big Valley couple — facing multiple felony counts of possession of child pornography and bestiality –has been officially cleared of all charges due to a procedural error by a federal investigator during a search of their home.

Peter Lee Bucker, age 40, and his wife, Alyshia Marie Burleigh, 35, appeared separately on May 28^th before Highland County District Judge Correy Smith.

At the end of each hearing, both of which lasted less than five minutes, Smith told Bucker and Burleigh, “You are free to go.”

Burleigh faced 66 counts of possession of child pornography and two counts of bestiality. Bucker had been charged with 16 counts of possession of child pornography and 41 counts of bestiality. On May 5^th, both were freed from jail, where they had been held without bond pending trial.

Highland County Commonwealth Attorney Megan Yelen announced on May 7^th that she was forced to drop all charges in the case.

She did so after learning of a procedural error that was made by a Department of Homeland Security investigator during the Jan.28^th search of the couple’s home. That error, Yelen has said, would likely result in all evidence seized during the search to be suppressed by the court.

During the search, DHS Investigator Charles “Joe” Moloney violated state law, which requires an investigator to serve copies of the search warrant and along a copy of an affidavit filed with the court to obtain the search warrant. Moloney served Burleigh with only a copy of the search warrant.

Moloney has declined to discuss this case when previously reached by phone.

Seized during the search were multiple electronic devices, which allegedly contained multiple images of child pornography and bestiality, court records show.

During Burleigh’s May 28^th court hearing, Prosecutor Yelen said little about the case, but noted charges were to be dismissed due to “some issues involving the search warrant.” At that point, Judge Smith dismissed the charges and Burleigh, wearing a boldly striped dress, quickly left the courtroom.

Minutes later, Bucker entered the courtroom on crutches, wearing a suit and tie. After Smith dropped Bucker’s charges, his defense attorney, Eric Swortzel, told the judge that his client wanted some of his seized property — that which contained no contraband or images — returned to him.

When Judge Smith asked Bucker if it was true he wanted his property back, Bucker responded, “They took a lot of property out of my house.”

At that point, Judge Smith told Swortzel he would discuss the issue another time, after a motion on what will happen to the illegally seized property has been filed with the court.

Yelen has said she plans to file a motion to block the return of any evidence seized so that it may be destroyed.

Bucker still faces a felony charge of perjury based on testimony he gave during his wife’s bond hearing. He is accused of testifying untruthfully that he no longer owned the dogs allegedly involved in the bestiality charges. He was charged with perjury after deputies discovered the dogs were still at the home.

Swortzel waived Bucker’s preliminary hearing for perjury during the May 28^th court appearance. No further court dates on the perjury charge have been set.

 

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