LAKE HAVASU CITY – A Lake Havasu City man facing prosecution for alleged involvement with video materials depicting acts of child pornography and bestiality has formally waived any potential conflict of interest between his attorney and the case detective assigned to his criminal case.
The unique, coincidental relationships between some of the parties to the case were chronicled during a May 26 status hearing for Adam Duren, 23, and a preceding motion filed by the state.
“My kids’ mother is the investigating officer,” defense attorney Christopher Stafford said. He told Judge Ryan Esplin that he and case detective Tara Flagg, of the Lake Havasu City Police Department, co-parent children in common, but are not involved in a relationship beyond that.
Esplin carefully explained to Duren that because his lawyer had that kind of relationship with the detective working with the state to attain his conviction, some might believe an appearance of conflict of interest exists. “It’s not common, but it’s not unusual,” Esplin said.
The issue was remedied by Duren’s formal waiver of right to assert or contest any conflict, real or perceived. The waiver keeps Flagg on board as case officer, and Stafford as defense counsel.
Bryan Whitney, principal in the law firm that employs Stafford, weighed in when contacted after the May 26 hearing.
“Our firm’s position is that there is no conflict of interest,” Whitney said. “The Mohave County Attorney’s Office does not have legal standing to raise a conflict issue under these facts.”
Prosecutor Leah Nelson said she felt obligated to inform the court of the Stafford-Flagg association to secure the waiver and ensure no associated issues arise in the future.
Not much of anything else happened during the status hearing.
Stafford informed the court that the state completed disclosure early this month and that the defense has hired an expert who needs several weeks more to review and assess the evidence. Providing time for that, Judge Esplin continued the status hearing to July 1.
Investigation of alleged uploading of illegal materials led to search and seizure activity at Duren’s residence on Feb. 19, and same day communication with investigators that reportedly secured a confession, and some explanation.
“I am so ashamed. I am not attracted to children. I was addicted to porn and it became a gateway of mistakes I would never align with,” Duren admitted, according to a police report. “I want to be better and no words from me will be able to describe how sorry I am.”
Duren is charged with seven counts of sexual exploitation of a minor and three counts of visual depiction of bestiality.
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