RHINELANDER - A Rhinelander man appears in court for a preliminary hearing Friday.
The Charges? 5 Counts of Possessing Child Pornography.
Police arrested 34-year-old Brian Pawelko on December 21st after officials from the Wisconsin Department of Justice searched his house.
They say that's when they found 9 videos containing child pornography.
Oneida County District Attorney Michael Bloom called two expert witnesses from the Wisconsin Department of Justice to the stand. The first was Special Agent Loreen Glaman.
"We did end up locating child pornography on one of the computers," says Glaman.
Nine videos to be exact, all featuring preteen girls and all on Pawelko's pc. Criminal Analyst and Computer Expert Andrew Schoeneck says there's a slight possibility the files could have gotten onto Pawelko's computer without his knowledge.
"A user of the peer to peer software can select a file and download it and not look at it while it's downloading, if they chose not to and also not look at it once it got to the hard drive. It is possible,' says Schoeneck.
Defense Attorney John Voorhees asked the judge to dismiss the cased based on this testimony, saying, "We really don't have any information as to what type of computer search was done to acquire these, what acts were done in the process of downloading."
Voorhees says they need more proof, saying, "Using the evidence and reasonable inferences from that evidence and for the reasons state, the court does find probable cause."
Pawelko left the courtroom today with a trial ahead of him.
Brian Pawelko will enter his plea during an arraignment on March 22nd.
He contends he has no knowledge of how the pornographic videos ended up on his computer.
Story By: Alex Ronallo