UPDATE: DCI lost video evidence in child-sex case - WQOW TV: Eau Claire, WI NEWS18 News, Weather, and Sports

UPDATE: DCI lost video evidence in child-sex case, leading to dismissal

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MADISON (WKOW) -- A court transcript from an October 14th hearing in the child-sex case against 50 year-old Timothy Marking shows that an agent with the Department of Justice's Division of Criminal Investigation lost a video that contained evidence related to the alleged crimes.

Judge William Hanrahan dismissed felony counts of child enticement and trafficking of a child against Marking that same day, citing DCI's refusal to release a video of Marking's arrest until just days before jury selection in the case was set to begin.

But a transcript of the hearing shows the video in question was either temporarily or permanently lost by the DCI agent who shot it.  

Dane County Assistant District Attorney Corey Stephan is quoted in the hearing as saying the video, which was first requested by Defense Attorney Charles Giesen in May, was not able to be located.

"After the last court appearance on the 26th of September, I had communications with the Department of Justice, DCI.  That really kind of got the ball rolling," said Stephan in the hearing.  "They made a very diligent search then to try and find this video, ultimately concluded that they were not able to find it, and that resulted in finally the report from the agent who took the video describing what was on the video and apparently the loss of that video."

Judge Hanrahan told 27 News on Tuesday he assumed the video was eventually found, based on comments made by Giesen in the hearing.

"Friday afternoon, we received two items of concern, one of which was a video recording that in our view is exculpatory and we're now advised that although it had been placed in the DCI evidence room, the agents searched and were not able to locate the item," said Giesen in the hearing.

Judge Hanrahan said whether the video still exists or was simply lost for good it wouldn't change whether he would have dismissed the case, because either way DCI refused to provide it to the defense in a reasonable time frame.

A spokesperson for the Department of Justice refused to comment on how the DCI agent in question lost the video evidence. 

State law enforcement agents arrested Timothy Marking on March 12 as part of DOJ's online sting called "Operation Black Veil."  A criminal complaint stated that Marking responded to a Craigslist ad for "young girls looking for a good time." 

Investigators said Marking eventually set up to meet who he thought was a 14 year-old girl for a sexual encounter at the Menards near East Towne Mall.  Instead, he met state law enforcement agents who confronted and arrested him.

As of Monday afternoon, neither the Dane County District Attorney's Office nor the Department of Justice had responded to questions from 27 News about the dismissal.

At the time of his arrest, Marking held a job worth more than $81,000 per year as the superintendent of the DOA office building at 1 West Wilson Street in Madison.  In July, DOA officials told 27 News Marking no longer worked for them, but would not say if he resigned or was fired.

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MADISON (WKOW) -- A Dane County Judge has dismissed all charges against a former Department of Administration manager who was originally arrested as part of a statewide child-sex crime sting carried out by the Department of Justice.

Judge William Hanrahan dismissed felony counts of child enticement and trafficking of a child against 50 year-old Timothy M. Marking on October 14th.  Judge Hanrahan told 27 News he dismissed the case because the DOJ's Division of Criminal Investigation refused to release a video of Marking's arrest until just days before jury selection in the case was set to begin.

Judge Hanrahan says he directed the Dane County District Attorney's Office to make that video available to Marking's defense attorney several times since the case was filed in March, but that the prosecutor indicated he was having trouble procuring the video from DCI.  Judge Hanrahan said DCI's refusal to follow the law by turning over all of the evidence in a reasonable time frame left him no choice but to order a dismissal without prejudice, meaning prosecutors can re-file the charges against Marking.

State law enforcement agents arrested Marking on March 12 as part of DOJ's online sting called "Operation Black Veil."  A criminal complaint stated that Marking responded to a Craigslist ad for "young girls looking for a good time." 

Investigators said Marking eventually set up to meet who he thought was a 14 year-old girl for a sexual encounter at the Menards near East Towne Mall.  Instead, he met state law enforcement agents who confronted and arrested him.

As of Monday afternoon, neither the Dane County District Attorney's Office nor the Department of Justice had responded to questions from 27 News about the dismissal.

At the time of his arrest, Marking held a job worth more than $81,000 per year as the superintendent of the DOA office building at 1 West Wilson Street in Madison.  In July, DOA officials told 27 News Marking no longer worked for them, but would not say if he resigned or was fired.

Capitol Bureau Chief Greg Neumann is following this story and will have more on 27 News at 5 and 6.

 

 

 

 

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