SPRINGFIELD -- A federal judge declined to suppress evidence gathered in an investigation of a former state judge. Roger Wall of Ava (left) is indicted for possession of child pornography.

Defense attorneys argue that three videotapes being used as evidence against Wall were illegally seized from a woman’s home in Ava. Wall says he gave the tapes to the woman for safekeeping after he found the tapes hidden in his home. Wall says he did not help make the tapes.

Court documents say one tape shows a 17-year-old girl having sex with her 19-year-old boyfriend. The documents say other tapes show the girl stripping and talking on a telephone. On Thursday, U.S. District Judge Richard Dorr agreed with U.S. Magistrate James England, who held hearings on the evidence last September. Dorr declined to throw out the tapes and declined to dismiss the case.

Wall was an associate circuit judge in Douglas County for more than 15 years until he retired last February, three days before being indicted by a federal grand jury. Dorr’s ruling clears the way for a trial date to be set. If convicted, Wall faces up to 10 years in prison and/or a fine up to $250,000.

In his resignation letter, Wall cited concerns about his declining health since he started publicly feuding with four attorneys. In the fall of 2004, the FBI started investigating charges tossed back and forth by Wall and the prosecuting attorneys of Wright and Douglas counties, along with attorneys Carl Smith and John Bruffett of Ava.

The attorneys filed a complaint against Wall with the Missouri Commission on Retirement, Removal and Discipline of Judges. They said Wall was soft on people accused of drug crimes because he is a drug user himself. Wall denied that and said the attorneys were upset that Wall created a special drug court to handle those crimes. Wall said the four attorneys wanted to ruin his reputation and his career.

In December 2004, Wall retaliated and signed affidavits against Wright County Prosecuting Attorney Larry Tyrrell and Douglas County Prosecuting Attorney Chris Swatosh, requesting that they be removed from office for corrupt and fraudulent actions, including stealing money from the drug court. Those affidavits resulted in the Missouri attorney general's office being appointed as a special prosecutor to investigate Wall's allegations. The judge also sued the four attorneys for slander and libel.