EagleTribune.com, North Andover, MA

Merrimack Valley

May 16, 2013

Defense wants search evidence tossed in child rape, porn case

METHUEN — In July, when John Lefebre, 63, was arrested on child rape and child pornography charges, police had confiscated 20 computers and several dozen hard drives from his 23 Frye Road home.

Lefebre’s defense attorney is now trying to get the items seized during that search suppressed from evidence. In a motion filed with the court yesterday, attorney Thomas Burke of Salem, Mass., said a detective’s affidavit supporting the search warrant “does not establish a time frame as to when the alleged abuse occurred.”

“The search warrant issued in this case was based on stale information ... All evidence seized as a result of the execution of the warrant must be suppressed,” Burke wrote in the motion.

Lefebre, who is held at Middleton Jail, is accused of raping a 10-year-old female relative and taking videos and pictures of the sex acts for four years. He is charged with eight counts of rape of a child, eight counts of indecent assault and battery on a child under age 14, eight counts of posing a child in a sex act or distributing material of a child in the nude and one count of distribution of obscene matter.

He was arrested on July 13, 2012 after police executed a search warrant at his home. The computers and hard drives were all collected as evidence along with various other equipment including compact discs, cell phones, USB drives and cameras.

Methuen police Detective Thomas McMenamon Jr. filed the affidavit in support of the search warrant application. In the five-page document, McMenamon said he and Detective Charlie DeJesus met with the parents of the victim on July 11, 2012. They described a change in their daughter, who had become distant and withdrawn, and said the youth “had disclosed to a counselor that she had been sexually assaulted” by Lefebre.

The girl said the abuse occurred over the past four years, according to McMenamon’s affidavit.

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