(Lethbridge News Now)

By David Opinko

Peace bond reached in Lethbridge child pornography trial

Nov 5, 2021 | 12:39 PM

LETHBRIDGE, AB – A child pornography trial in the city has come to an unexpected end.

Friday was supposed to be the start of the fifth day of the nine-day judge-alone trial in Lethbridge Court of Queen’s Bench for 53-year-old David Harter.

Instead, the crown indicated that there had been a “material change in circumstances” that lead to lawyers on both sides re-evaluating how they would proceed with the matter going forward.

LPS Constable Jason Richmond, who testified earlier in the week as the lead investigator in the case, told court that he was concerned Harter would re-offend if he were to be released without any conditions.

Harter’s attorney also stated throughout the trial thus far that he was worried about the physical health of his client, as Harter would struggle to be in the courtroom for extended periods of time.

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He faced one count each of possessing child pornography and accessing child pornography for allegedly uploading several images and videos of nude or partially nude minors to three Google accounts between June 2017 and December 2018.

READ MORE: Trial underway for Lethbridge man facing child porn charges

Richmond and other officers made the arrest on May 2, 2019, at a south Lethbridge basement suite where Harter and his sister reside.

Three electronic devices were seized from his residence – a laptop, an external hard drive, and a thumb drive.

Forensic Examiner Dale Heinzig with the Alberta Law Enforcement Response Team (ALERT) testified that the devices contained hundreds of images and videos of youths that met the definition of child pornography or were of “investigative interest.”

These included the same images that Google had flagged to the National Centre for Missing and Exploited Children (NCMEC).

The original plan for Friday’s proceedings was to continue cross-examining Heinzig, but lawyers with the crown and defence came to a resolution instead.

Harter will be subject to a 12-month peace bond that includes several conditions such as reporting to his probation officer as directed, residing in the same home, having no contact with minors under the age of 16 unless it is with the approval of his probation officer, not having any employment where he would be in a position of trust or authority over minors, not attending places where youths under the age of 16 are likely to congregate, having no internet-capable electronic devices except for one cell phone for communication purposes only, and taking counselling or treatment as directed.

As well, the electronic devices that contained the images and videos will be forfeited.

A stay of proceedings was ordered for both charges.