A judge declined

to throw out key evidence in the upcoming criminal trial against a former

leader of the Peachtree City Fire Department's Explorer program, who is

accused of molesting the young boys he supervised while showing them "wrestling

moves" at his home.

Edward Wayne

Ferguson's attorney, Joe Saia, argued Tuesday morning that a videotape

depicting Ferguson interacting with the youths should be suppressed from

the case on First Amendment grounds. But Chief Assistant District Attorney

Dan Hiatt argued the tape is evidence that Ferguson molested the victims

and is not protected by the First Amendment.

Fayette Superior

Court Judge Christopher Edwards agreed with Hiatt and denied the motion

to suppress the tape.

"I think

the First Amendment argument is just plain inapplicable," Edwards

said.

Ferguson, 38,

is charged with nine counts of child molestation, 12 counts of enticing

a child for indecent purposes, five counts of sexually exploiting a child,

three counts of criminal attempt to commit child molestation and one count

of sexual battery.

The trial is

slated to begin Tuesday, Jan. 28, and attorneys anticipate it could take

up to two weeks due to the number of potential prosecution witnesses who

may testify in the case.

Saia also asked

Edwards to change the venue of the case, claiming that recent news coverage

of the case could taint the jury pool Saia did not immediately produce

a copy of the newspaper article, however, and Edwards denied the motion

for lack of evidence; the judge indicated he would be willing to reconsider

the motion after seeing the articles.

Saia also asked

for the court to appoint him a second attorney to assist in the case.

While Saia is being paid by Ferguson's family members, Ferguson may qualify

for indigent counsel representation.

Although Edwards

took no action, he said he was concerned that Saia hadn't yet reviewed

the videotapes that prosecutors plan to introduce as evidence. Edwards

said he understood that the attorney worked a lot of cases, but he was

somewhat concerned that Saia might not be ready.

"I'll

be ready to go to trial," Saia said, adding that he would confer

with Ferguson and see if he wants to request a continuance of the case.

"I feel I am ready."