The Law Offices of Kathleen Colton, Ltd.
Criminal Defense / P.O. Box 1364 / St. Charles, IL 60174
St. Charles man's porn conviction reversed
Aurora Beacon News
Saturday, April 25, 2009
By Dan Campana
ELGIN –
The 2nd District Appellate Court has thrown out a St. Charles man's 2007 child
pornography conviction on the grounds police went too far to collect evidence.
*********** was arrested in 2004 after a six-month investigation by the Kane
County sheriff's office that began after a federal agent reported *********
credit card had been used for child-pornography purchases. During his lengthy
case, ***** attorney (Kathleen Colton) argued ***** did give police consent to search a computer
because they initially said they were investigating possible fraudulent use of
the credit card.
The computer analysis, and a subsequent seizure of other computers and disks,
turned up a large number of pornographic images, police said at the time.
A judge denied ****** attempt to suppress that evidence, and ****** was later
found guilty of six counts during a bench trial. ******* received a sentence
that included 2½ years of probation and registration as a sex offender for
life.
The appellate court sent the case back to Kane County.
