Clark Co. deputy applicant charged with possessing child porn loses appeal

ajc.com

A New Carlisle man charged with possessing child porn after failing a pre-employment polygraph test for a Clark County deputy position will return before a judge after losing an appeal in the Ohio Supreme Court, according to court documents.

Curtis Schimmel was indicted in November on three counts of illegal use of a minor in nudity-oriented material or performance, all fifth-degree felonies, after he admitted to viewing child pornography featuring girls as young as eight during the polygraph test.

>>Clark County deputy applicant accused of possessing child porn

Using his confessions to obtain a search warrant, deputies found an archive including 28 illegal images of nude minors on Schimmel’s tablet computer.

Schimmel filed to suppress the evidence in January, claiming deputies did not offer protection against his self-incrimination while answering questions during the application process.

In February, a trial court granted Schimmel’s motion to suppress after reviewing additional arguments and evidence.

>>New Carlisle pee wee coach sentenced in child porn case

The supreme court, in its Friday decision to reverse the trial court’s ruling, argued Schimmel was made aware of his potential prosecution in a waiver he signed initiating the background check.

“I understand that this disclosure may result in adverse consequences for me in my current job, including but not limited to termination from employment, negative reference for future employment, and possible criminal prosecution…,” the form reads.

Schimmel was free to apply for employment and free to stop the application process, according to court documents. In not doing so, he opened himself to legal action.

Calls to Schimmel’s Columbus-based attorney were not returned and his whereabouts remain unknown.

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