A somber day for KM's family, and the community of Birmingham.
And I'm already struggling over swift justice for this baby girl.
More specifically, I'll start with PS.
Reportedly -- this 39 year old man has NO criminal history in AL or FL with exception of a misdemeanor marijuana possession from 15 years ago! (Another marijuana charge years later was dismissed).
Although PS and DB were sought for questioning in the abduction of this precious child, after holding PS for 48 hours, the only criminal charges that could be filed against him were -4- charges of possession of obscene material depicting child under age 17, and -3- charges possession/intent to disseminate.
It was a gift that DB could be held for prior felony probation.
Checking the actual legal definitions for these




charges in the Alabama Criminal Code, possession of obscene material (i.e., child











) is treated as a Class C felony in Jefferson County, while possession with intent to disseminate is considered a Class B felony.
Child











is broadly defined in Jefferson County.
While the laws prohibit possession, creation, and other actions involving obscene materials that contain a picture or any representation of a minor under the age of 17 exposing nude breasts or genitals or engaging in any act of sadomasochistic abuse, sexual intercourse, sexual excitement, [or] masturbation,
Ala. Code §13A-12-190 defines obscene matter as that which lacks serious literary, artistic, political, or scientific value.
Under these broad definitions, a photo of a baby in a bathtub could arguably be treated as child











, depending on the context and other related elements.
Ala. Code §13A-12-192 – Possession with intent to disseminate
The law presumes an individual has the intent to disseminate the material if
three or more copies of the
same picture are found in that individual’s possession.
Referencing prior defense cases for similar charges, this could simply be one 17 year old (who defendant didn't know was 17) sending defendant 3 photos of her exposed breasts (same picture doesn't have to mean identical).
In other words - essentially any sexting photo by a 17 year old or younger today would likely result in these criminal,











charges.
I'm certainly not dismissing the serious offense of possessing obscene material of children and teens, but if after a 48 hour hold, this is the best that Jefferson County detectives could charge PS, I won't be surprised if most if not all of these charges are dismissed against PS. Also, it's already been confirmed by LE that none of these photos were of KM.
I also struggle to understand why intelligent, family and friends would be so quick to spring PS from jail-- and with substantial financial risk to themselves.
It does not follow how the accused could go undetected all these years because I don't believe this could possibly be his first act.
He can't just be lucky! Why has he been protected all these years? Was he possibly an informant?
I want to know! And more important, is the right man in custody?
MOO