The attorneys for former teacher Kimberly Crain and former college professor Gary Doby waived a hearing Wednesday on those and other requests, asking District Court Judge John Canavan Jr. to rule based only on their filings and the prosecution responses with the court.
“Judge Canavan is very good, he reads everything,” said Crain's attorney, Cregg Webb. “Rather than us just regurgitate what we had written in the brief, he's just going to rule on them.”
Prosecuting attorney Richard Smothermon said he agreed to the defense request.
Prosecutors allege that Crain, 49, of Shawnee, took photos of girls while they changed clothes in her third-grade classroom her home, including photos of some of the girls naked, and sent the images to Doby, 66, of Bloomsburg, Pa.
Webb is also asking Canavan to dismiss seven sexual exploitation counts against Crain.
Webb said he hopes for a ruling on the defense motions early next week. The trial for both former educators is scheduled to start Jan. 14.
Crain and Doby each face 18 counts of sexual exploitation of a child younger than 12, and single counts of conspiracy and lewd molestation. Crain faces an additional 11 counts of possession of juvenile pornography. Both have pleaded not guilty.
Webb said he wants the trials of the two to be held separately, and that they be moved out of the Oklahoma City metro area. Shawnee is about 45 miles east of Oklahoma City.
“There was so much publicity, so that would be our request. I don't know if Tulsa would be a good venue, somewhere like that,” Webb said.
Some of the students testified at a preliminary hearing that Crain took photos of them in her classroom in McLoud and during a pizza party at her home while they were wearing tank tops and underwear.
Several of the students said Crain told them not to tell their parents what they had done. A 10-year-old girl said she reported what had happened to her parents and that her mother cried.
Crain resigned in November 2011 after the allegations were revealed. Doby, who retired in 2008 as professor of early childhood development at Bloomsburg University in Pennsylvania, was arrested in December at his home in Pennsylvania and extradited to Oklahoma to face the charges.
Prosecutors say the two met during the 1980s when Crain was a student and Doby a professor at Oklahoma Baptist University in Shawnee.
Both face up to life in prison if convicted.