Steven Powell will find out Tuesday morning if his warrant will be thrown out.
Lawyers for Powell argued Monday that evidence collected at his Puyallup home last fall was collected illegally, violating the Fourth Amendment.
Powell was charged with 14 counts of voyeurism and one count of possessing pictures of a minor engaged in sexually explicit conduct after police said they found thousands of illegal images of girls and women on his computers. Prosecutors said the images were found as police investigated his daughter-in-law Susan's disappearance.
Susan Powell went missing in December 2009. Her husband, Josh Powell, killed his two sons and himself by igniting his Graham home in February.
Powell’s attorneys argued Monday the search warrant should not have been issued.
A Pierce County judge had issued the search warrant for Susan Powell’s journals, originals and digital copies, because it might help locate Susan Powell.
Powell’s attorneys argued those specific journals were written more than 12 years ago, long before she met Josh Powell and would have had nothing to do with her disappearance.
The attorneys argued it was a “fishing expedition,” because the case had grown “stale.”
State prosecutors said the warrant likely would not have been requested had Steven and his son, Josh, gone on national TV saying the journals suggested Susan had boy problems, depression issues and had complained of abuse as a teen.
Prosecutors said the Powells would not share the journals with police and that’s why the warrant was requested/issued.
If (and a big if) Judge Ronald Culpepper rules the warrant was illegal, Powell would be released, according to prosecutors.
Alina Powell, his daughter, said that would be justice. She told KING 5 News there has been a lot of “illegal hanky-panky going on” with the investigation into Susan Powell’s disappearance.
Alina Powell said the evidence of child pornography and voyeurism was fabricated by police.
Susan’s father, Chuck Cox did not seem too worried the case would be dropped.
“I think their arguments are ridiculous,” said Cox.
When asked what he would think if Powell walked free, Cox said, “I think I’d be more concerned what it’d be like for him because of the neighbors.”
Steven Powell is accused of taking pictures and video of children in his neighborhood without their permission.
A decision will be made Tuesday at 9:00 a.m.