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Right to Speedy Trial Waived in Oklahoma Child Porn Case

15-Aug-2012

The Oklahoma sex crimes defense attorney for a former Oklahoma Baptist University professor accused in a child pornography case said she does not expect her client to go to trial before  the end of the year, after Gary Doby, 66, and another defendant in the case each waived the right to a speedy trial last week.

Pottawatomie County District Court Judge John Canavan, Jr., was expected to schedule a trial date for Doby and former third grade teacher Kimberly Crain, 49, when the pair appeared in court last Tuesday; however, both Crain and Doby requested the trial date to be set later.  Crain's defense lawyer said he is still lining up expert witnesses in the case and is not yet ready to go to trial.  Judge Canavan ordered the two to return for a hearing on October 2.

The allegations against Kimberly Crain and Gary Doby shocked Oklahomans and made headlines across the nation.  Crain, of Shawnee, was accused of taking explicit photos and videos of girls from her third grade class at McCloud Elementary School.  According to reports, Crain invited several girls to her home for a pizza party on November 11, 2011.  After the party, one of the girls told her parents that Crain asked the girls to change into tank tops and underwear and took photos of them.  Further investigation alleges that the former teacher also videotaped the girls naked as they changed.  Prosecutors say that as many as fourteen girls were involved.

During the investigation, students also reported that Crain photographed them at school and had them Skype with a man known as "Uncle G," later identified as Doby, a former OBU professor who was living in Pennsylvania.

In June, both Kimberly Crain and Gary Doby pleaded not guilty to multiple felony counts including 18 counts of sexual exploitation of a child under 12 and one count of conspiracy to commit sexual exploitation.  In addition to the 19 exploitation charges, Crain was also charged with 11 counts of possession of child pornography and one count of lewd molestation.  

Crain and Doby are each being held on $1 million bond pending trial.  If convicted, they face up to life in prison.




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