Court records indicate that David Smith, attorney for former substitute teacher Edward Keith Kelley, 54, filed the motion Oct. 22.
Kelley was scheduled for an arraignment Oct. 23, according to documents. He filed an arraignment waiver through his attorney so he didn’t have to appear in court, records said.
The motion to suppress was to forbid any evidence obtained illegally or obtained with an illegal search warrant to be entered into court proceedings. It also seeks to prevent any statements Kelley made that violates his Miranda rights from being entered and wants the court to forbid any evidence of pre-trial and courtroom identification of Kelley.
Kelley was indicted last July by a Polk County Grand Jury on charges of two counts of obscene Internet contact with a child and three counts of computer pornography. Police state in documents incidents occurred between Sept. 7, 2008, and March 29, 2009.
All of the incidents were part of an undercover sting.
According to documents, Kelley is accused of having explicit conversations on Yahoo Messenger with someone he thought was a 14-year-old girl. The person was really an investigator of the Aiken County Sheriff’s Department, Aikin S.C., records said.
The four other incidents involved an investigator from Glynn County Police Department, Brunswick, Ga., posing as a girl under 16 years of age, according to documents.
In that case, Kelley allegedly performed sexual acts on a webcam and tried to get the investigator to take off her clothes, records state.
Kelly was back in Polk County on a bond from Glynn County where a grand jury indicted him in 2010.
He has not been tried in that case with Glynn County authorities expecting federal officials to take it up.