A San Juan Island man accused of secretly taking photographs and video footage of his teenage daughter and her boyfriend having sex, and of storing those images on his computer, will stand trial on a pair of sex-related felonies in mid-August.
On May 15, Troy Fitzgerald Niebling, 48, pleaded not guilty in San Juan County Superior Court to one count of voyeurism, a Class C felony, and to one count of first-degree possession of sexually explicit depictions of a minor, a Class B felony. He was released under court orders pending trial, which is slated to begin Aug. 12.
According to court documents, the daughter, now in her early 20's, notified local authorities in December about sexually explicit images of her and a boyfriend taken without their consent and that were stored on her father's computer. She reportedly confronted him about the images the month before.
Detectives were supplied with copies of the images that had been retrieved by a sibling and a friend from a faulty hard-drive the man had reportedly replaced several months earlier.
Authorities claim that the photos and video were taken by Niebling in late spring of 2009, through a window of the girl's bedroom at their Sutton Road home. She was 17 at the time. The images reportedly were still on the hard drive as of September of 2012.
According to court records, Niebling was convicted in Minnesota in 1992 of possession of child pornography. He would face maximum penalties of 10 years in prison, a $20,000 fine, or both, if convicted of the Class B felony; five years in prison, a $10,000 fine, or both, in convicted of the lesser offense.
— Scott Rasmussen