Ramey was a longtime employee of Dayton Children’s Hospital and served as executive director for pediatric mental health resources at Dayton Children’s. Ramey’s employment was terminated in August 2019, the hospital said.
Ramey’s attorney, Jon Paul Rion, previously told media the images are not pornographic and the individuals are clothed.
The defense team and the Ohio Attorney General’s Office have been locked in a legal battle for months over whether evidence collected via search warrants should be allowed to be used in the case.
Ramey’s defense previously asked the court to throw out evidence in the case. They argued that search warrants allowing investigators to search email accounts and Ramey’s home lacked probable cause and were too general. They also said the affidavit lacked a factual basis to support an issuance of a warrant.
After that motion was denied, the defense filed a motion to reconsider, arguing that the term ‘erotica,’ used in the search warrant, does not mean child pornography.
“(The affidavit for the search warrant) did not allege any criminal activity; in fact, it dispelled any belief of illegal activity by including (the) findings regarding the downloaded images being mere erotica, not child pornography,” the motion says.
The motion says once officials determined that the images were “merely erotica,” probable cause ended.
“To conclude the affidavit in the present case contained sufficient probable (cause) would be to weaponize, and criminalize, the word erotica and its definition - this would be a drastic change from known, legislative meaning,” the motion says. “This may also have First Amendment implications if such interpretation were to be adopted as law.”
Greene County Judge Michael Buckwalter filed a response to the motion to reconsider, saying the court has already ruled on the matter.
“The initial motion to suppress filed by Ramey was extensively briefed by the parties,” the ruling says. “In Ramey’s supplemental memorandum in support of motion to suppress, Ramey advanced the arguments that the search warrant affidavit was unsupported by probable cause because it did not allege illegal activity; rather the search warrant affidavit referenced erotica,” the judge wrote.
“Ramey secondarily argued that the affidavit in support of the search warrant contained only conclusory statements that failed to establish probable cause. These arguments were previously considered and rejected by Judge (Stephen) Wolaver.”
Buckwalter denied the motion to reconsider.
Ramey is now due back in court in August for a final pre-trial hearing, and a five-day jury trial has been set to begin on Sept. 13.
About the Author
