The Stuart News from Stuart, Florida • 15

The New Wednesday June 5 1996 B3 Judge throws out 32 charges of child pomi At issue was whether the computer data could be proved to be actual photos attorney Richard Kibbey argued at a hearing last month that the particular law prosecutors used to charge Cohen fit the facts of the case Prosecutors Kibbey said prove the picture that investigators found inside computers in April 1995 were of actual children All they had in essence were unconfigured bits of data that when assembled in a By Grog Saitx ot the News stall court is thus adrift in an Internet cyberspace of exploding computer the newness of that technology Kibbey said that led prosecutors to erroneously charge Cohen 38 with a third-degree felony instead of the more appropriate misdemeanor charge of computer pornography Kibbey compared the developing technology to when DNA evidence first started being used think that waspart of the problem Kibbey said office The judge encouraged prosecutors to appeal the order to the 4th District Court of Appeal something Assistant State Attorney Kathy Roberts said she might consider She -has 15 days to file an appeal During last hearing Roberts ar- gued the charges were valid because the'1 images on computers depicted sex- ual performances by a child or represen ta- tions of performances still the position that thesd are real people and a jury said Although one misdemeanor charge of STUART In a decision that might be the first of its kind in the state a judge i of child Tuesday threw out all 32 possession certain way created an image he said In his niitJudi four-page ruling Circuit Judge John Fen hopei was attempting to apply a traditional old technology concept to new technology and on a gut computer pornography remains against Co- hen Kibbey said a argue to suppress nelly agreed state conceded that jt would be able to prove that the images were ac photographs of sexual acts performed by a human being child or Fen nelly wrote "The state further conceded that the images portrayed on the computer screen and stored in the computer hard drive could be totally computer generated The the citizens of Martin County we are not living in Nazi Germany and people who work for law enforcement cannot force their opinions on said Ira Cohen who still faces a computer pornography state laws they have to level it made some But when the emotions of the case are came That should change in October when an addition to the felony law takes effect specifically addressing computer pornography alh- evidence that sheriffs investigators gathered' when they seized and searched computers State law prohibits officials from using a search warrant in meanor crimes FORT PIERCE The St Lucie County Sheriff Office starts pitching its controversial inmate tents Thursday carrying out a cheaper plan to relieve jail overcrowding Construction electrical and plumbing permits were approved Tuesday and inmates should start pouring the foundation for the five tents Thursday sheriff's spokesman Mark Weinberg said "Everything is set to go Weather permitting We have the permits in hands and everything that we he said Group unhappy with uplands rule Owner signing off at local TV station 1000 Friends of Honda filed a complaint over the new county preservation regulations cent of a development site for uplands Sally O'Connell a local member of 1000 Friends said the group will ask the Florida Department of Community Affairs to have a hearing The surplus military tents which Sheriff Robert Knowles got for shou" free should be ready to By Bob Batctor ol tha Nawa staff in Martin County to determine whether the ordi nance is valid house SO inmates in mid- to By Kevin ComoHy ol th News staff to make a decision late July Weinberg said le five Each of the five The department is ex on the hearing before Ju! 4 A of the new team at WTCN Channel 16 (Cable 12) is the creation of a live newscast at 7 pm each night STUART After five years of nurturing the Treasure only locally owned television station owner are confident that the state will enforce the law even if the County Commission didn't and the law says the LDRs have to be consistent with the Comprehensive O'Connell said 20- by 40-foot tenU erected next to the St Lucie County Jail on Rock Road will house about 10 low-risk inmates Weinberg said Total costs to erect the tents is about $60000 County commissioners and Knowles compared the costs with the millions of dollars STUART An environmental group said ohelpd regulation conflicts with Martin growth plan 1000 Friends of Florida filed a complaint against the county May 7 charging the new uplands preservation rules are inconsistent with the Comprehensive Growth Management Plan Martin County congnissioners voted 4-1 Tuesday to take no action on the complaint Chairwoman Janet Gcttig dissented In December commissioners adopted an up- ordi- lands land development regulation a county i In a memo to commissioners the legal ent said it the regulation before deciding that it was con- The low-power television st tion at 1500 NW US 1 is in the process of doubling its size to make room for a second studio with space for an audience August Gabriel said Tuesday time to turn the station over to A of the new team at WTCN Channel 16 (Cable 12) is the cre- for a new jail pod "The way I look at this is sistent with the growth plan County Attorney Robert Guthrie on Tuesday recommended commissioners take no action He could have suggested commissioners review and amend or repeal the ordinance nance known as an LDR Uplands are dry undis- The existing studio would be dedicated to newscasts WTCN says it is considering whether to purchase a microwave truck to help gather breaking Gabriel that it is much Commission Chairmah Chif Barnes said The commission was initially concerned that the state Department of Corrections which frowns on the use of tents would stop the news The complaint filed by 1000 Friends not demonstrate that the land development regulation is inconsistent with the Comprehensive Growth Management Plan The land development regulation can be successfully defended if the petitioners proceed with a formal Guthne wrote The Comprehensive Plan governs all land use and development in the county turbed areas with native developers must preserve for natur 1000 Friends claims the ordinance conflicts with the growth plan because it allows that is placing preservation areas in locations other than the development site Before the ordinance was adopted the Comprehensive Plan required builders to preserve 25 per- a tion of a live newscast at 7 pm each night The management agreement includes Gabriel who now shares control of the station with three others including long-time station duding long-tim project That at Gabriel said he rejected offers from three groups to buy the station were mostly investors with little interest in the concern was allayed this year because the Legislature approved a statute the depai ending the manager Louie Delannoy and gen-' One prospective buyer he said wanted to turn the station into a series of personal love lines feel that was he said St Lucie hunts convention niche TV eral manager John Dinger The fourth partner newcomer John Warner is president of the newly formed alliance called Treasure Coast Broadcasters Inc not have the space demanded by nds large conventions with thousam By Edward Filo ot ths Newt still power to regulate county jails The American Civil Liberties Union of Florida has said other counties have tried to house inmates in tents but have lost legal showdowns Tents were tried once in Broward County years ago but courts ordered them removed COOLING SYSTEM FLUSH Asked why he Is stepping down Gabriel laughed and said "because 0 80 vears He will con- down ause BO years Warner who recently moved to Port St Lucie said his back-round includes television pro-uction work involving NBC ABC The Discovery Channel and Turner networks tinue to told the station's Federal Communications Commission of attendees But the area is quite capable of handling small- to medium-sized conventions of several hundred people Knight said Barwick said fine with her and shell take those couple of hundred visitors and the thousands of dollars they bring into they bring FOR ALL GM PRODUCTS 7 FORT PIERCE The NAACP convention a baseball tournament and a gathering of science instructors could pump $500000 to $700000 into the area economy officials said Tuesday money that will be generated is nothing to sneeze at It all adds up in the said Gayla Barwick St Lucie County Tourist Development director INCLUDES COOLANT wmpicMNmpMnMlmDjmfarmmN rdMmMfltjMr Gabriel said he will continue to come into the office on many days I still have control over all he said IN I BRIEF the county each day they are here Barwick estimates that a person St Lu- attending a convention in Since WTCN went on the air on Jan 1 1 1991 the owner has been responsible for delivering hundreds of locally produced shows aimed exclusively at viewers in Martin and St Lucie counties Police PGA offer Junior golf clinics St Lucie County is not in the same league with Orlando Miami The station hopes to eventually expand north to cover the entire Treasure Coast But that would necessitate cable pickup by TCI which covers Fort Pierce and much of Indian River County mm tmcsspm PORT ST LUCIE The Port St Lucie Police Athletic League and PGA St Lucie West Country Club are teaming up this summer gupt In specific coming programing matters: Local programming has included election returns high school football Met baseball recaps Republican paid political programming law enforcement CrimeUne broadcasts and a recent one-hour documentary about the Roosevelt Bridge construction project to sponsor junior golf clinics Golf pro Arien Bento Jr win cie County will spend about $142 a day That takes in hotel food gasoline gifts and items bought in grocery stores A tnred-day NAACP convention with 200 delegates is scheduled to meet in Fort Pierce in October The gathering will bring about $102000 to the economy she said This summer five teams from the Babe Ruth League will be playing in a tournament The teenage players their parents and coaches could end up spending $200000 to $300000 STUART BUCKFOHWMMC Tampa and other large Florida cities when it comes to attracting major conventions But that can be a plus when convention-holders look for locations in which costs will be lower than in large metropolitan areas she said have more moderate priqps to offer and our location which is centrally located to most of the Barwick said Robin Knight a spokeswoman with the state Division of Tourism said St Lucie County does Former WPBF Channel 25 (Cable 10) anchorman Reg Miller will be host of the two-tour June 12 hurricane Warner said he doesn't intend NEW NEW NEW 2445 Federal Hwy to rock the programming boat be more aggressive and he teach the classes with the assistance of Sgt Ed Kelleher of the Port St Lucie Police Department Clinics wiU be offered in three consecutive sessions beginners intermediates and advanced players Participants ages 8-15 can start at the Beginner level and advance from there or start at the appropriate level The beginner sessions are set for June 12 15 19 and 22 The intermediate sessions are July 10 13 17 and 20 Advanced sessions are have more local promised High school football games with Tom Leary and a still-to-be-announced partner will once again air in the fall 28Z-2424 Treasure Coast weather forecasts will begin airing Monday They will originate out of the area but will be and be broadcast six times a day WTCN hopes to debut a local newscast this fall with the names of on-air anchors to be announced later The station thinks a newscast aimed at Martin and St Lucie counties will fill a much-needed niche because the three West Palm Beach network affiliates concentrate on Palm Beach County news mm Aug 7 10 14 and 17 Wednesday clinics run from a 9-10 am ana Saturday clinics run from 5-7 pm Boys and girls can pick up a registration form at the countiy area is really starved for local television Warner said ji C3SBB0B INGA DINGMAN LMT i 0MADO2O68O Massaee therapist and hair artist formerly of a salon in Cedar Pointe Plaza can be reached for appointments at 288-31 77 Sne welcomes all clients current and new dub or at the Port St Lucie Police Community Programs Division The registration fee is $15 and equipment will be provided if necessary Registration forms should be mailed to PGA- St Lucie West Countiy Qub Arien Bento Jr PGA Golf Pro: 951 NW Country Club Drive Port St Lucie Fla 34986 Checks should be made payable to PAL of Port St Lucie MCUMMINGSM PRESSURE CLEAM? la I frWHMln-UCMNS gsjl 1 484-5151 177-1502 (BWMfTl Republicans running for council hold forum The YMCA thanks the following for their generous support for the 1996 NTEF PORT ST LUCIE The Port St Lucie Republican Club will conduct a forum at 6:30 pm Thursday for registered Republican-City Council candidates The city council election is non- are partisan and party affiliations lGE Month CD i $1000 minimum deposit to open an ujdobtjrilhjAnnuaLPwcerjLjge Yii YMCA BOATCAR AUCTION km not listed on the ballot VI IWIMI VH UW Republicans in the council race are mayoral candidate Thomas Epsky District 1 candidate Jane Rowley: District 3 incumbent Bassett Boat Company Foster Marine Supplies Discount Marine Geotge's Body Shop Towing Marine Parts Outlet Motorcycle Territory Inc Ripper's Trailer Supply Riverwatch Marina Salerno Auto Parts Saturn of Stuart Stella Marine Inc Stuart Buick Pontiac GMC Top Notch Marine Treasure Coast Batteries Inc Tropical Vision West Marine Martin County High School Special Thanks to the Boat Committee the YMCA and I the Auctioneer Karlin Daniel 1 Hii fcyBiihii snhjrrt in fhiinfidwilhnnl Maty Ann Cemuto and District 4 candidate Ron Bowen Doors at the Port St Lucie Yacht Qub 500 SE Prima Vista Blvd open at 5:30 pm for a so-dal tour and a chance to meet the andidates A catered dinner will be available for S8 For reservations call Helen Brand at 378-4982 kxqqh Cedar Pointe Plaza 283-2414 Palm City 286-2614 Haibor Federal Center 335-7800 Si Lucie Plaza 878-241 4 Danvin Square 336-9200 Si Lucie West 3404)552 laamsB nr 933) 3BSB Compiled from News staff 7VW se-ft.