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WAXAHACHIE — A former online newspaper publisher and blogger facing trials in Navarro and Ellis County is back behind bars after his bond was revoked.
Joseph “Joey” Dauben's Ellis County bond was revoked Tuesday morning for violating his release terms, and he was returned to the Wayne McCollum Detention Center in Waxahachie where he will await trial. He was also ordered to undergo a psychological evaluation.
District Judge Bob Carroll ruled that Dauben had violated his bond parole terms by using the Internet to access Facebook, an online talk radio program and sent emails. Carroll also ruled based upon the evidence and testimony provided that Dauben should undergo a psychiatric evaluation to determine if he is fit to go to trial.
Dauben was charged with fraudulent use of identifying information less than five items in Ellis County in December 2011. He was also charged with three counts of sexual assault and one for indecency with a child in Navarro County.The pre-trial is set for Oct. 5 with jury selection on Nov. 13 and the trial to begin Nov. 14.
The two motions were requested by Ellis County and District Attorney Patrick Wilson, who also presented evidence and witness testimonials. Wilson called Megan Gray, a former coworker of Dauben's, to the stand to confirm that Dauben had emailed her and received PDF documents he had submitted to an online Yahoo group.
Wilson also approached the witness stand with his laptop to play an audio recording of an online radio talk show. He played a portion of the audio recording, in which Gray identified Dauben's voice.
“This was brought to my attention at 8 a.m. this morning, and we haven't had time to make a hard copy of the audio,” Wilson said to Carroll and asked if the court would admit it was evidence.
“I can't admit as evidence what isn't here in front of me,” Carroll said, but he did admit Gray's testimony as evidence.
Dauben's attorney, Damon Fehler, contended that Dauben could have phoned into the online radio show and questioned Gray if it was possible for a pre-recording to be used. Gray replied that she did not know if it was possible.
Wilson also called investigator Jeff Ward to the stand to confirm potential violations of Dauben's bond parole on Facebook.
The evidence included a photo posted online of Dauben, a friend request Dauben allegedly responded to through his Facebook account and posts on the Ennis Examiner and other Facebook pages Dauben created.
In Dauben's defense, Fehler presented spurious and negative comments about Dauben on his own Facebook page. He suggested that someone posing as Dauben could have put these comments, as well as the other Facebook posts online.
Wilson also presented other documents and photocopies of online activity suggesting Dauben had violated his bond parole and warranted a psych evaluation.
After a three-month stay in Navarro County Jail, Dauben made bond for each of his Navarro County charges and was transported to Ellis County where he paid bond and was released on parole.
The terms of his release, including standard prohibitions against contacting the alleged victim or family in any way, also included a restriction on internet use given his Ellis County charges.
Dauben was taken into custody by Ellis County law enforcement immediately after the court adjourned.
Reprinted with permission of the Waxahachie Daily Light. Want to “Soundoff” on this story? Email: firstname.lastname@example.org. Contact Aaron Schwaderer by email at email@example.com