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.