Felony charges re-filed against suspected pedophile, just days b - WKOW 27: Madison, WI Breaking News, Weather and Sports

Felony charges re-filed against suspected pedophile, just days before 27 News Special Report

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MADISON (WKOW) -- The Dane County District Attorney's Office re-filed felony child-sex charges last Friday against a DeForest man whose case is the subject of a 27 News Special Report airing at 10 p.m. Monday.  That report focuses on Operation Black Veil, a statewide Wisconsin Department of Justice (DOJ) sting that resulted in the arrest of five men in Dane County in March of 2013, only one of whom was ever convicted of a felony.

The Dane County DA's office filed felony counts of trafficking of a child and child enticement against 50 year-old Timothy Marking, charges that were originally dismissed by a Dane County judge last October.

Judge William Hanrahan dismissed the case, citing a refusal by DOJ's Department of Criminal Investigation (DCI) to release a video of Marking's arrest until just days before jury selection in the case was set to begin.

But a transcript of the hearing from October 14, 2013 shows the video in question was either temporarily or permanently lost by the DCI agent who shot it.  

Dane County Assistant District Attorney Corey Stephan is quoted in the hearing as saying the video, which was first requested by Defense Attorney Charles Giesen in May, was not able to be located.

"After the last court appearance on the 26th of September, I had communications with the Department of Justice, DCI.  That really kind of got the ball rolling," said Stephan in the hearing.  "They made a very diligent search then to try and find this video, ultimately concluded that they were not able to find it, and that resulted in finally the report from the agent who took the video describing what was on the video and apparently the loss of that video."

Judge Hanrahan told 27 News he had assumed the video was eventually found, based on comments made by Giesen in the hearing.

"Friday afternoon, we received two items of concern, one of which was a video recording that in our view is exculpatory and we're now advised that although it had been placed in the DCI evidence room, the agents searched and were not able to locate the item," said Giesen in the hearing.

Judge Hanrahan said whether the video still exists or was simply lost for good it wouldn't change whether he would have dismissed the case, because either way DCI refused to provide it to the defense in a reasonable time frame.

A spokesperson for the Department of Justice says the video in question has never been recovered.

State law enforcement agents arrested Timothy Marking on March 12, 2013 as part of DOJ's online sting called "Operation Black Veil."  A criminal complaint stated that Marking responded to a Craigslist ad for "young girls looking for a good time." 

Investigators said Marking eventually set up to meet who he thought was a 14 year-old girl for a sexual encounter at the Menards near East Towne Mall.  Instead, he met state law enforcement agents who confronted and arrested him.

Capitol Bureau Chief Greg Neumann will have much more on this case on 27 News at 5 and 6.  You can see our Special Report - Operation Fail? - on 27 News at 10.

*An earlier version of this story cited DOJ as re-filing the charges against Timothy Marking.  That has been corrected to state the Dane County District Attorney's Office has re-filed the charges.

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