ERIE, Pa. (AP) - A suspended northwestern Pennsylvania high school teacher must remain jailed until trial on federal charges that he possessed and created child pornography, including images of one boy he's charged in state court with molesting.
U.S. Magistrate Judge Susan Paradise Baxter issued the detention order Tuesday after hearing evidence against 43-year-old David Montgomery, the Erie Times-News reported.
Montgomery has been suspended from Northwest Pennsylvania Collegiate Academy since his arrest two years ago on charges that he molested a boy who visited Montgomery's home for Christmas in 2010. Montgomery was acquitted of those charges last month, but is still awaiting court dates on charges filed in March that he molesting another boy — now 18 — from 2003 to 2010.
That allegation led to searches of Montgomery's home, where the FBI found child pornography on his computer.
Assistant U.S. Attorney Christian Trabold told the judge that some of the pornography was produced by others. But some of it appeared to be produced by Montgomery, including a picture of a naked boy lying on Montgomery's bed, covered in money, Trabold said.
Montgomery denies wrongdoing, and Trabold said the teacher suggested the images had been planted on his computer by the alleged victim in the case now pending in Erie County Common Pleas Court.
Defense attorney Gene Placidi argued for Montgomery's release on the grounds that he has no prior convictions and because he never missed a court date in the previous prosecution.
Baxter, instead, jailed Montgomery on the grounds that he may be a danger to the community. She based that, in part, on Trabold's assertion that Montgomery possessed some of the child pornography when he was free on bond awaiting trial in the earlier molestation case.
Trabold argued the child pornography case appears to be "a long-standing child sex-abuse case that Mr. Montgomery took great pains to memorialize."
Investigators were still working to identify other youths depicted in the allegedly homemade pornography. Authorities have said the two boys known to have accused Montgomery of molesting him were not his students.
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