DailyMail.com can reveal that Bruce Paddock's felony charge for possession of child pornography has been thrown out

The brother of Las Vegas gunman Stephen Paddock has had his child pornography charge dismissed - after arguing that his case was 'tremendously prejudiced' by the massacre.

DailyMail.com can exclusively reveal that Bruce Paddock's felony charge for possession of child pornography was thrown out after a judge refused to allow the prosecution a last-minute trial adjournment to produce a witness in the case who was in El Salvador.

The witness, Hector Cruz, was deemed 'crucial to the case' as it was he who had discovered Paddock's alleged stash of child porn after evicting him from squatting on his property back in 2014.

As well as arguing the case was prejudiced by the massacre, Paddock's lawyer told Los Angeles Superior Court that the daughter of a deputy district attorney who worked in the court house was one of the 58 people killed by Las Vegas shooter Stephen Paddock on October 1 last year.

While the deputy district attorney is not named in legal documents obtained by DailyMail.com, the daughter of LA County Deputy District Attorney Michael Duarte was killed in the massacre.

Bruce Paddock's brother, Stephen Paddock, 64, carried out the most deadly gun massacre in modern US history when he opened fire on the Route 91 Harvest Festival from his room on the 32nd floor of the Mandalay Bay hotel in Las Vegas last year

Paddock's lawyer argued that his case was 'tremendously prejudiced' by the massacre, claiming that the daughter of a deputy district attorney who worked in the court house was one of the 58 people killed by Las Vegas shooter on October 1 last year

Paddock, 59, was arrested weeks after the Las Vegas massacre on October 1, 2017. He was charged with 'possession of over 600 images of child or youth pornography'

Christina Duarte, 21, was a business marketing graduate of the University of Arizona and was in Las Vegas with her brother's girlfriend when she was killed.

In a court filing stating why Bruce Paddock's case should be dismissed, his lawyer Marisa Gallegos wrote: 'Mr. Paddock is prejudiced by the fact that he is the brother of Las Vegas Shooter, Stephen Paddock.

'This case was filed less than four weeks after the shooting, even though law information finished the investigation on this case in September 2014.

While the deputy district attorney is not named in legal documents obtained by DailyMail.com, Christina Duarte (pictured), the daughter of LA County Deputy District Attorney Michael Duarte was killed in the massacre

'It is important to note that the daughter of a deputy district attorney who worked in this court house at the time was a victim of the Las Vegas shooting and died that day.'

Complaining his arrest had only been covered in the press because of the massacre, the lawyer added: 'The extensive media coverage of the shooting revealed who Stephen Paddock's brothers were, including my client.

'Because of this, Mr Paddock's local arrest shortly after the Las Vegas shooting was also covered widely in the media solely due to his familial link to the Las Vegas shooter.

'The fact my client's brother committed what is considered to be the deadliest mass shooting in modern US history less than 4 weeks before Mr Paddock was arrested on these charges tremendously prejudices him.'

Paddock, 59, was charged with 'possession of over 600 images of child or youth pornography' which included '10 or more images of a prepubescent minor or a minor who was under 12 years of age'.

An LAPD police report in the court file states they found a computer, compact disks and a three-ring binder all filled with child pornography as well as a yellow envelope addressed to Bruce Paddock.

It states one image found depicted a 'two-year-old female child' being abused and another showed a naked ten-year-old girl.

In the report a detective says: 'I have discovered over 300 images of children being sexually abused or exploited within the compact disks.

The child pornography was found at 4-Tires shop (pictured) in the Sun Valley neighborhood of Los Angeles, after Paddock was forced to leave due to a restraining order

'One compact disk had approximately 4,500 files which contained images of children being sexually abused or exploited, multiple images of child erotica, and transexual pornography.'

The detectives also found one image and one video of Paddock filming himself during a sex act.

The vile haul was found at 4-Tires shop in the Sun Valley neighborhood of Los Angeles, after Paddock was forced to leave due to a restraining order.

Paddock was arrested and charged three years later, after his brother's mass shooting.

In the court documents prosecutors said after being alerted to Paddock's alleged stash of child porn the investigating detective 'was unable to locate Mr Paddock due to Mr Paddock being transient'.

Authorities only found him after he called Las Vegas police after the massacre and gave them his address.

However his lawyer argued the delay had encroached Paddock's right to a speedy trial and that the three year delay was unjustified and prejudiced him.

In its opposition to Paddock's request to have the case thrown out, the prosecution said: 'The defendant's claimed state due process violation must be rejected because Detective Keller was unable to locate Mr Paddock due to Mr Paddock being transient.

As well as killing 58, a staggering 851 people were injured in the Las Vegas shooting, 422 of them suffering gunshot wounds. Pictured above is a scene from the shooting

'Once Mr Paddock was evicted from the location at the tire shop, the owner filed a protective order preventing him from returning.

'Detective Keller completed a wanted notification for Mr Paddock on August 6, 2015.

'The Los Angeles Police Department could not find the defendant until the defendant notified Las Vegas authorities and provided them with his current address on October 10, 2017.'

Two weeks after Las Vegas police notified the LAPD, the LA District's Attorney's office filed the complaint on October 24. Paddock was arrested at an assisted living center in North Hollywood the next day.

He was charged with one felony possession of child pornography and 19 misdemeanor counts of sexual exploitation of a child.

A judge dismissed the 19 misdemeanor charges in March deeming them too old, but ordered him to stand trial on the felony count.

Paddock had pleaded not guilty to the charge which he could have faced five years in jail for if he had been convicted.

On May 30, the day his trial was due to start, at LA Superior Court Judge Scott M Gordon said he did 'not find good cause' to grant the requested adjournment, the prosecution said they could not proceed without the witness and based on the defense's motion the judge dismissed the case.

The judge's decision came as prosecutors had also failed to inform the defence of their proposed adjournment within the two days notice requirement.

The Paddocks' 'psychopathic' father Benjamin Paddock was a violent serial bank robber who escaped jail in the 1960s and was put on the FBI's most wanted list

In her application for a three-week continuance Deputy District Attorney Angela Brunson admitted she was only informed of Cruz being in El Salvador at 9.05am on May 29 by an investigating officer after having instructed them to subpoena him a week earlier.

She was then only able to inform Paddock's lawyer during her lunch hour that day when she had a break from another case.

Brunson said she had been assured Cruz was being 'cooperative' but the judge decided to decline the adjournment and dismiss the case anyway.

Paddock's brother, Stephen Paddock, 64, carried out the most deadly gun massacre in modern US history when he opened fire on the Route 91 Harvest Festival from his room on the 32nd floor of the Mandalay Bay hotel in Las Vegas last year.

As well as killing 58, a staggering 851 people were injured in the shooting, 422 of them suffering gunshot wounds.

Las Vegas police later revealed Stephen Paddock, who was six years older than his brother, had several hundred images of child pornography on the hard drive of his laptop.

Court records show Bruce Paddock has a criminal record stretching back to the 1980s, with convictions for vandalism, criminal threats, theft and driving with a suspended vehicle. He also had other arrests for which he was not convicted.

Crime runs in the Paddock family - the pair's 'psychopathic' father Benjamin Paddock was a violent serial bank robber who escaped jail in the 1960s and was put on the FBI's most wanted list.