The attorney who successfully prosecuted a federal case against a western Iowa man last month is fighting a defense move to get the verdict overturned. U.S. Attorney Matthew Whittaker filed a motion Wednesday, asking a judge to uphold 39-year old Brian Street’s conviction on sexual exploitation of a child and possession of child pornography. Street, of Griswold, was found guilty of the charges on January 10th.
Street’s attorney, Chad Primmer has asked that the conviction be overturned, or that Street be granted a new trial. Primmer contends the evidence in the case was not enough to convict Street, and that the witnesses were on a vendetta against his client, because of Street’s relationship with Tracey Dyess, Street’s stepdaughter. Street claims to be in love with the girl.
Primmer says she was a willing partner in the sex acts depicted in photos found in a safe in the family’s burned-out home, following a fire in March of 2005 that killed Dyess’ sister and nephew. Dyess said she set the fire in an attempt to kill Street for years of sexual abuse. She’s currently serving 45-years in prison for arson, voluntary manslaughter and attempted murder. Street faces up to 30-years in prison. His sentencing date has not yet been set.