Yes, understood. However, I don't believe that negates the other charges for child porn and intent to distribute.
What I meant by my post is that I would like to know what the nature of the child porn charges is - as so many are saying that it could be '17 year old girls'. I would like to know, is he viewing and sharing illegal images of very young children? Are the crimes against KM an escalation of other illegal behaviour?
Fortunately, the Child Porn hearing is not that long away, but I too am most anxious to learn about evidence against the couple for the kidnapping and killing of a beautiful child.
Personally, I won't be surprised if the Child Porn charges against PS are eventually dismissed.
When PS and DB were apprehended for questioning in the abduction of KM, I think it was a gift that DB had an outstanding warrant to detain her. But investigators held PS for 48 hours before they charged him, and then it was for 4 counts of possession, and 3 for possession/intent to disseminate.
Looking at the actual law here --
Ala. Code §13A-12-192 – Possession with intent to disseminate 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.
Seriously, with only 4 counts of possession, we know it's most likely that 3 of the 4 photos were the same person! No need to assume charges that don't exist.
I'm in no way discounting the seriousness of possessing obscene material of children or teens but the reality is this could also be a 17 year old that sexted PS three photos of herself. And if he didn't know she was 17, that's also sufficient for the charges to be dismissed. (
Ala. Code §13A-12-190).
I'm anxious to learn if PS was just a very lucky individual that's been getting away with serious criminal behavior his entire adult life or if others are responsible for KM's murder. Nobody should rest if all responsible are not in custody.
The only thing confirmed thus far is PS is 39 year old man with no prior criminal history in AL or FL -- with exception of a misdemeanor marijuana possession from 15 years ago! (Another marijuana charge years later was dismissed).
It's also been confirmed that PS had no images of KM.
MOO