LISBON — A trial date of June 9 remains set against an East Palestine man accused of possessing images of child pornography, but first there’s an evidentiary hearing pending in the case.

Robert W. Rogers, 74, Bacon Avenue, was charged earlier this year with 17 counts of pandering obscenity involving a minor or impaired person, a fourth-degree felony, for allegedly possessing the images on June 18, 2024. The pandering charge alleged that Rogers did “with knowledge of the character of the material or performance involved, buy, procure, possess or control obscene material that has a minor as one of its participants.”

The evidentiary hearing had been scheduled for 2:30 p.m. May 21, but Columbiana County Assistant Prosecutor Tammie Riley Jones filed a motion to continue the hearing due to the unavailability of an essential state witness who is unavailable that day and won’t be available until after May 30.

According to online court records, the hearing remains set for May 21, with no decision yet on the continuance.

When the hearing is held, it will address a motion to suppress filed by Rogers’ defense attorney, Coleen Hall Dailey, who’s requesting that her client’s statement to investigators be thrown out, alleging a violation of his rights.

According to the motion, Rogers was questioned in a car by an FBI agent and the East Palestine police chief. He was allegedly told he was not under arrest and that the interview was voluntary, but he was not advised of his Miranda rights against incriminating himself and was not told he was free to leave at any time or that he could stop answering questions.

For all intents and purposes, she wrote that Rogers was “subject to custodial interrogation by the officers.”

The case is in the courtroom of Columbiana County Common Pleas Court Judge Scott Washam.

A bond of $50,000 cash or surety remains, with a status hearing set for May 16 cancelled.