Because the defendant hopes to appeal his case as quickly as possible, a judge will decide the guilt of a Flagstaff man facing multiple child pornography and voyeurism charges.
The ongoing legal saga of David Greenberg took one more step on Thursday when his defense attorney moved to have a trial by the court instead of the typical jury trial.
Coconino County Superior Court Division 5 Judge Cathleen Nichols will now decide his guilt or innocence. The decision could take as little as a few days or as much as several weeks.
The 45-year-old Greenberg was arrested by Flagstaff police in 2009 while police were investigating a peeping Tom in the Ponderosa Parkway neighborhood.
"The goal is to expedite and quickly get the case to the Ninth Circuit on a Habeas basis," said defense attorney David Bednar.
Prosecutors say that Greenberg videotaped two women undressing in their bedrooms and then entered one of their homes about a month later. Police were led to Greenberg as a suspect and he was ultimately indicted on charges of sexual exploitation of a minor, voyeurism, surreptitious photographing, videotaping or digitally recording, trespass, weapons misconduct and drug charges.
Investigators found pornography of young children on his computer and marijuana plants inside his home.
But the defendant's attorney successfully had the evidence suppressed when then Coconino County Superior Court Judge Danna Hendrix ruled in his favor.
The judge said that the search warrant contained facts "... so facially deficient that the executing officer could not reasonably assume it is valid."
Hendrix also ruled that the detective acted in error when he told Greenberg he would only be facing misdemeanor charges.
The Coconino County Attorney's Office dropped all but one charge against the defendant while they appealed Hendrix's decision and Greenberg was released from jail in 2010.
At the time, police officials and prosecutors said they were concerned that it was dangerous to release the suspected repeat offender back into society.
Nearly one year later, the state appellate court determined that Hendrix had ruled in error because the facts in the case did support probable cause for the search warrant. The Arizona Supreme Court declined to review the case on the defense's appeal.
In November of 2011, Greenberg was arrested again and brought back from the east coast to face charges. He has been in Coconino County jail ever since.
Bednar said Thursday that he planned to appeal the case to the Ninth Circuit Court of Appeals.
Eric Betz can be reached at firstname.lastname@example.org or 556-2250.