Franklin County Prosecutor Ron O'Brien has filed a motion to have video evidence returned to the trial of a former drama instructor accused of fondling a student.
In addition to accusations that he inappropriately touched a former student, Lawrence Dibble, the former theater director at The Wellington School in Upper Arlington, is alleged to have used a hidden camera to tape girls in a dressing room.
Prosecutors planned to use the videos as evidence in the case, but earlier this month, a judge ordered them thrown out because information found on an initial police report did not match information on a search warrant used to seize the tapes from Dibble's home.
The judge threw out the evidence after it was discovered that the investigating officer wrote on his report that there was one victim, but that the officer told another judge, who signed the search warrant, that there were two, 10TV News reported.
Prosecutors said the detective's error was not intentional, and that there was no intent to mislead the judge.
O'Brien said the judge's decision to suppress the tapes gutted his case against Dibble. He said he would file an appeal to have the judge's decision revisited.
It was not clear when a ruling on the appeal would be made.
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July 3, 2010:
Will Appeal Loss Of Evidence In Case Against Ex-Theater Director
July 2, 2010: Evidence Tossed Out In Case Against Ex-Theater Director
March 31, 2010: Former Theater Director Out Of Jail After Voyeurism Charges
March 30, 2010: Ex-Theater Director Accused Of Taping Students Turns Self In
March 29, 2010: New Voyeurism Charges Filed Against Ex-Wellington Staffer
February 23, 2010: Sex Investigation Into Wellington Staffer Expanding
February 4, 2010: Man Facing Sexual Imposition Charges Never Applied For Ohio Teaching License
February 4, 2010: Wellington Staffer Charged With Gross Sexual Imposition
February 3. 2010: Man Accused Of Fondling Student