A defense attorney is asking that much of the evidence be thrown out in the case of a former LaFayette tennis coach and former Chattooga County resident charged with creating and distributing child pornography.

James “Bart” Huskey, 38, is accused of raping a minor and posting videos on the Internet. He was denied bond in a June 23 hearing in Atlanta.

Two motions have been submitted to the U.S. District Court that seek to suppress evidence and statements gathered from Huskey’s home during the investigation.

The motions stated that agents “conducted the searches on the purported consent of Mr. Huskey and his wife. However, this consent was not voluntary.”

Magistrate Judge Walter E. Johnson will hear the motions Sept. 29 in Rome’s federal court. In a July 23 arraignment in federal court in Rome he pleaded not guilty. .

The girl, now 9, is in protective custody.

According to a motion, agents claim Huskey “waived his Miranda rights and voluntarily answered questions about the case.” However the defense stated “the government must prove the statements made were voluntary.”

In some of these statements Huskey reportedly admitted to the continuing rape of the victim in the pornography series

Rome News Tribune