Three charges against a retired Douglas County Sheriff's Department deputy were dismissed in Douglas County Court on Thursday -- two felony charges of possessing a recording of nudity without consent and one misdemeanor charge of obstructing an officer.
William James Webber, 55, still faces three misdemeanor charges -- two counts of fourth-degree sexual assault and one count of obstructing an officer -- as well as a single felony charge of exposing a child to harmful material.
Webber's attorney, Chris Gramstrup, argued that the videotapes, which show a woman getting out of the shower nude, were made in 1993, but the statute he was charged under wasn't enacted until 1995. He made it clear that Webber believes the tapes were made with the consent of the woman, who was in a relationship with Webber at the time they were filmed. She denied giving consent for such filming during a preliminary hearing in April.
Special prosecutor Sean Duffy argued the Legislature never intended for such recordings to be grandfathered in.
Kutz also dismissed one of the two obstruction counts because they were multiplicities -- identical in law and fact.
