ALEXANDRIA, Va. - Bail for former Wharton professor emeritus Scott Ward was set at $2 million yesterday, as prosecutors sought a tougher ruling and the defense called evidence into question.
The court also upheld Ward's Aug. 27 charge of importing child pornography despite a challenge from the defense.
While the prosecution presented witnesses and evidence, trying to eliminate the possibility of Ward being released on bail, Ward's defense attorney Peter Greenspun criticized the merits of the prosecution's argument.
He called the testimony presented by Defense witness Bryon Braggs - a criminal investigator for the federal Department of Homeland Security who was present at Ward's arrest at Dulles - "vague," his "guess" of children's ages "insufficient" and the prosecution's overall argument "horribly weak."
A child that looks like he is 14 or 16 can just as easily be 18 or 20, Greenspun asserted, adding that there is no evidence that Ward traveled to Thailand during the trip in question, and that to speak about Ward's previous traveling - which also include to Vietnam and England - is irrelevant to this case.
"The government wants to do everything that it can to make it look dirty," Greenspun said.
Braggs described in detail the contents of the digital video recorder, mini-DVD-R disks and laptop found in Ward's baggage, which he characterized as a 10-minute "sexually explicit" video featured children, who were "approximately eight years old," in a windowless bedroom setting.
While Ward was not in those particular images, he was allegedly present in another snapshot - found on the mini-DVD-R disks - that was taken on a beach with older boys dressed in bathing suits, said Braggs.
Braggs said he presumed those boys to be between 14 and 16 years old.
In addition to the bail, a federal judge outlined several other conditions for Ward's release, including that he remain in his Massachusetts residence with a GPS-electronic tracking bracelet and under the watch of a custodian; only leave his home to visit pre-approved places; refrain from accessing computers or travel documents; and not enter into contact with minors other than pre-approved family members.
This charge accompanies another that he received Tuesday after agents found child pornography in his office at Penn.
Still, prosecutors say that these precautions are not enough, which is why they are appealing the judge's decision to set bail.
Federal prosecutor Ed Power cited the "compulsive" nature of Ward's crimes and his danger to the community as reasons why Ward should be held in custody until his trial.
If the appeal is granted, Ward will face another hearing this afternoon or tomorrow.
Ward's defense attorney, Peter Greenspun - who has replaced public defense attorney Meghan Skelton - defended the decision, however, by saying the verdict is appropriate.
Greenspun pointed to Ward's punctuality and track record of compliance with his previous court dates, such as when he was charged for allegedly soliciting a teenage boy for sex in 1993.
"Ward is an intelligent person," said Greenspun, adding that he thinks Ward is unlikely to flee.
Power, however, introduced several new pieces of evidence to support his argument that Ward cannot be trusted.
He called Braggs to the stand and based a large portion of his argument on Braggs' testimony.
In particular, Braggs said that Ward had visited Fortaleza, Brazil, which Braggs called a notorious and decrepit resort known for individuals seeking sex with minors.
According to a document published by the National Center for Missing and Exploited Children, which Power also submitted into evidence, Brazil and Thailand are centers for child sex tourism.
Greenspun said he does not yet know whether he will accompany Ward to face additional child pornography charges filed Sept. 5 in Pennsylvania.
