Ex-Dayton drama teacher accused of obscenity wants evidence suppressed

Former Dayton Public School teacher John S. Findley, indicted on seven counts of pandering obscenity of a minor, has a suppression hearing scheduled for Nov. 1.

Findley, 34, appeared in Montgomery County Common Pleas Court on Wednesday for a scheduling conference. The former Stivers School for the Arts drama teacher is out on bond with conditions.

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“The investigation’s just beginning, really on both sides,” said defense attorney Jon Paul Rion. “And so we’re in the process right now of analyzing the information that’s provided by the government and collecting our own information.”

Dayton police reiterated Wednesday that the investigation is ongoing and anyone with information or knows someone who claims to be a victim should call Sgt. Gary Lowe at (937) 333-1132.

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“You have a person that’s (got) no criminal record, served the community well for many years and obviously, we have allegations that we’ll have to investigate and see if there’s any truth to them,” Rion said. “It’s our understanding that this was not a student-related incident, whatsoever.”

Rion said the defense will challenge the way police collected some information.

“It’s just looking at Fifth Amendment issues at this point,” Rion said of the hearing, which he estimated would take 60 to 90 minutes. “As the discovery comes in and we get more information from the government, we’ll see if it expands out beyond that.”

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Findley, who resigned two months ago, has pleaded not guilty. One of the counts says that Findley did “direct or produce an obscene performance that has a minor as its participants.” Other counts involving a minor also include language that alleges Findley “created, directed or produced” the performance.

The charges also accuse Findley of promoting the material for sale or dissemination on Aug. 8 or 9, 2016.

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Findley was placed on paid leave April 18 and resigned effective July 9. He was indicted Aug. 29.

“It’s troubling to him that he’s having to face these accusations,” Rion said. “He is very conscientious, so we anxiously await the Nov. 1 date to see what the next step will be.”

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