Testimony continued Thursday in the case of a Sauk County child porn defendant who alleges a warrantless search of his apartment was in violation of his constitutional rights.
The Sauk County District Attorney’s Office called a third agent with the Wisconsin Department of Justice to the stand to testify about a 2013 search that led to the arrest of 52-year-old John L. Lomax.
Thursday’s hearing in Sauk County Circuit Court was a continuation of testimony that began Tuesday. After attorneys for the prosecution and defense had each questioned the agent, a judge requested legal briefs from both parties.
Sauk County Circuit Court Judge Michael Screnock said he may have questions about the briefs before he reaches a decision on the defense’s motion to suppress evidence. A hearing has been scheduled for Sept. 22 to address any remaining issues.
Investigators obtained a warrant to search a West Baraboo home on May 7, 2013. But once on scene, they later learned that the address for which they had obtained the warrant shared internet access with an upstairs apartment occupied by Lomax.
In court Thursday, Sauk County District Attorney Kevin Calkins told Screnock the state concedes the warrant agents possessed did not include Lomax’s apartment. However, agents have testified that Lomax — who allegedly was in possession of more than 300 child porn images — voluntarily invited them inside and allowed them to confiscate his electronic devices.
Lomax testified that agents told him they did not need a warrant to enter and seize his electronics. He also testified that officers were aggressive and placed their hands on their weapons when they wanted something. DOJ agents have denied those allegations.
Lomax faces 40 felony counts of child porn possession.