Prosecutors in the federal case against Harris Township Supervisor and Boal Mansion CEO Christopher Lee filed a response to a December motion from Lee’s defense that asked the court to split charges against the Boalsburg resident.
Lee, 66, was arrested on federal child enticement, exploitation and child pornography charges in October. Kyle Rude, Lee’s attorney, argued in a December motion that the pornography charges should be tried separately because those counts are not related to the enticement allegations and because evidence in the child pornography charges was discovered through different search warrants and investigations, according to court documents.
The motion also stated that trying the charges together would prejudice the jury, as the child pornography charges would “suggest unfairly to the jury that he possesses the inclination or propensity to entice adolescent males to engage in sexual activity,” the motion read.
In opposition to the motion filed Tuesday, the federal prosecution argued that rules of criminal procedure allow for multiple offenses to be joined in the same indictment if they are of the same or similar character, based on the same transaction and are “some way connected with or constitute parts of a common scheme or plan,” according to the filing.
It will be up to federal Judge Matthew Brann to decide whether the charges will be tried together at Lee’s Feb. 5 trial in Williamsport.