Updated: 05/09/09 at 7:34 am

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          Accused child rapist, Donald Lynch, appeared in a Sullivan County courtroom Thursday.  Lynch and his public defender were trying to get evidence thrown out.   The evidence in question was obtained by police in the first search of Lynch's home.  15 tape said to contain child pornography were taken in as evidence.  Lynch's attorney filed a motion to surpress the evidence saying Lynch never signed a written consent form allowing them to search his home.

         Kingsport detectives disputed that saying Lynch gave verbal consent during an interview with detectives back in March of 2003.  But when Donald Lynch took the stand he denied giving verbal consent, and said he was never asked for consent.

         Judge Jerry Scott ruled in favor of the state, allowing the evidence to be used in Lynch's upcoming trial.  Lynch's Public Defender also requested a change venue.  Judge Scott said they would take a closer look at the change of venue motion once they begin jury selection for the trial.

        Donald Lynch is scheduled to go to trial on June 9th.