LISBON - Missing witnesses, the age of the case and suppression of the evidence have all led to the dismissal of a child pornography case against a former New Waterford man, assistant Prosecutor Tim McNicol said.

George Brown Jr., 57, now of Sebring, had been indicted in 2003 for eight counts of pandering obscenity involving a minor for allegedly possessing obscene material showing a minor in November 2002.

At the time, Det. Sgt. Allan Young of the Columbiana County Sheriff's Office said the material involved computer-generated or digital pornographic images of a girl who was 14 or 15 years old at the time the photographs were taken.

While investigating the allegation, Young seized two computers from Brown's residence after getting the defendant's consent to search, then secured a search warrant to search the contents, but the evidence was thrown out when Brown challenged the computer seizure.

He admitted he gave consent for entry to the house after Young said he wanted to come in and look around and look at the computers, but he argued that he didn't give permission for the seizure.

Common Pleas Court Judge David Tobin ruled that Young stepped outside of the scope of the consent to search when he failed to look into the computers at the scene and seized them without seeing if any pornography existed.

McNicol appealed the ruling and lost, noting the defendant then disappeared.

He was recently arrested on a bench warrant in Pennsylvania, leading to action on the case.

McNicol said a combination of factors led to his decision to seek dismissal of the indictment, including the age of the case, the suppression of the evidence and the fact that the whereabouts of the victim and another witness were now unknown.

If the victim reappeared, he said the case could be refiled.

Mary Ann Greier can be reached at mgreier@salemnews.net.