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Kristen Gulley, the Sterling, Colo. woman accused of taking sexually explicit photographs of a toddler in 2013, has filed a motion arguing there is insufficient evidence to continue the case against her.
In November, a Cheyenne County Court judge ruled there was probable cause to bind the case over to district court, where felony cases are typically heard. Three days later, Michael Snyder, Gulley's attorney, filed a plea in abatement, challenging the county court's ruling.
Earlier this week, Snyder and Cheyenne County Attorney Paul Schaub made oral arguments on the motion.
Cheyenne County District Court Judge Derek Weimer has now taken the matter under advisement. If Gulley loses the motion, she will be arraigned in district court.
Gulley is charged with five felony counts of visual depiction of sexually explicit conduct of a minor. She is alleged to have sent the pictures to Levi Hallett of Sidney. In September, he was ordered by a federal court to serve 27 years in prison after he pleaded guilty to a charge of producing child pornography.
Another woman allegedly connected to the case, Brandee Christensen, of Sterling, last summer pleaded no contest to one count of attempted visual depiction of sexually explicit conduct. She was sentenced by a Cheyenne County court to serve 15-25 years in prison. According to court documents, a condition of the plea agreement Christensen struck with prosecutors is that she testify against Gulley.
The three were initially arrested in 2013 after tips from the public led the Sidney Police Department to begin an investigation, according to a probable cause affidavit.
The proceedings against Gulley in Cheyenne County were delayed as she faced a similar court case in Logan County, Colo.
In August, Gulley pleaded guilty to sexual assault on a child by a person in a position of trust, according to court documents from that state. She was sentenced to 90 days in jail and 15 years of probation.
Gulley is being held on a $200,000 bond.
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