LISBON –An Illinois man accused of possessing images of child pornography failed in his attempt to have evidence from his phone suppressed.

Vincent John Bianconi, 35, last known address Chicago Heights, Ill., filed a motion to suppress in April in an effort to get the evidence thrown out. Charges against him include three counts of pandering obscenity involving a minor or impaired person, a fourth-degree felony, and misdemeanors of engaging in prostitution and possessing criminal tools.

In his motion he claimed the phone was seized without a warrant and that the search was pursuant to a warrant issued four days later. The motion alleged that the affidavit supporting the search warrant contained a false statement related to the allegation that three printed images of Child Sex Abuse Material were found on the back of the phone, allegedly rendering the warrant invalid and all the resulting evidence inadmissable.

The motion also claimed the seizure of the phone violated Bianconi’s rights and he denied that three printed images of CSAM were on the back of his phone. He claimed he doesn’t have a printer and doesn’t know how to print from his cell phone.

In his decision overruling the motion to suppress, Columbiana County Common Pleas Court Judge Scott Washam went into great detail about what happened on July 4, 2024 in East Palestine when East Palestine Police Detective Dan Haueter was texting with the defendant after the defendant responded to an undercover ad Haueter placed for advertising prostitution services. Haueter played the role of a woman in the ad and he and the defendant made arrangements to meet in person. Bianconi allegedly requested the woman meet him in his semi truck for sex acts in exchange for $30, arriving at the meeting location in East Palestine on July 4, 2024 in his semi truck wearing only a robe.

After he was taken into custody, the defendant did not consent to the search of his phone, which was seized. Haueter saw velcro strips on the phone and found a small piece of tightly folded paper in between them, which he described as a narcotic fold. When he then examined the pice of paper, he found three very small images of child pornography, Washam wrote.

According to the testimony highlighted from a motion to suppress hearing, Haueter did not have a search warrant at the time the phone was seized or when it was plugged into a forensic extraction tool known as GrayKey on July 4, 2024. He did not look at the contents of the phone at the time and secured a search warrant on July 8, 2024. He learned the GrayKey extraction began automatically when the phone was plugged into the system, before he had the search warrant.

According to Washam, the police had probable cause to seize the phone because it continued to display GPS information the defendant screen shotted while on his way to the meeting location. Probable cause existed for the belief that the phone seized contained some evidence related to the alleged crimes for which the defendant was arrested.

Washam also pointed to the prevention of the loss of destruction of evidence related to the phone.

During testimony, he said Haueter denied making any false statements or printing out any images and planting them on the back of the seized phone. He also said Haueter testified he didn’t see anything in the phone until after securing the search warrant.

“Merely plugging the I-Phone into GrayKey did not allow the actual viewing of any such data/information based upon my understanding of the testimony,” Washam wrote, adding, “merely plugging the I-Phone into GrayKey as a protective measure cannot, therefore, be equated with the prohibited act of indiscriminately ‘rummaging’ through the entirety of its contents in an unrestrained and warrantless search for evidence of criminal activity.”

A final status conference in the case remains set for 11:30 a.m. Friday. A jury trial remains set for 8:30 a.m. Jan. 26. During a recent hearing, Bianconi’s hired attorneys were permitted to withdraw and he indicated he intended to get appointed counsel.

mgreier@mojonews.com