News
Nude models were adults, defendant proves
Published: Oct 29, 2003 - 12:48 PM
A McHenry County man charged with trafficking in obscenity and possessing child pornography proved Tuesday that photos police used as rationale for raiding his business depicted two adult women, not minors as investigators say they suspected when obtaining a search warrant.The evidence, attorneys for Michael A. Jones believe, shows authorities lacked probable cause to search the adult business owner's home and business in the small McHenry County village of Greenwood as part of an investigation into child pornography.
Jones, 46, now of Wonder Lake, faces five counts of child pornography and nine counts of obscenity as a result of the Oct. 28, 2000, raid in which police seized eight computers and thousands of digital images. If convicted, Jones could face five years in prison.
The defense hopes to show that police, knowingly or not, used erroneous information to get a warrant to search Jones' business, L&M Enterprises. The Internet-based operation produces pornographic images and sells them to magazines and adult Web sites.
Sheriff's police began investigating Jones in April 2000 after receiving an anonymous tip that he had made a pornographic video depicting minor girls. Jones said he met that month with a detective responding to that information and offered him proof that all his models were over the age of 18.
"I told Detective (James) Wagner that we never in fact had done such things (involving minors)," Jones testified. "I told him should he ever have a question about the age of any of our models on our Web site, to feel free to stop back at any time and I will provide him with identification documents."
About six months later, however, police used two photos off the Web site to persuade a judge to give them a warrant to search Jones' home and business. Police at the time told the judge they had information the pictures showed two models who were probably minors.
Jones said Tuesday that before getting the warrant police never checked with him to see if he could prove the models were adults. He presented that proof in court Tuesday, offering documents showing both women were 19 when the photos were taken.
Judge Sharon Prather said she will rule Dec. 19 on whether the search was legal. If she rules in favor of Jones, all of the evidence seized during the raid would be barred from trial, effectively killing the prosecution's case against him
The defense hopes to show that police, knowingly or not, used erroneous information to get a warrant to search Jones' business, L&M Enterprises. The Internet-based operation produces pornographic images and sells them to magazines and adult Web sites.
Sheriff's police began investigating Jones in April 2000 after receiving an anonymous tip that he had made a pornographic video depicting minor girls. Jones said he met that month with a detective responding to that information and offered him proof that all his models were over the age of 18.
"I told Detective (James) Wagner that we never in fact had done such things (involving minors)," Jones testified. "I told him should he ever have a question about the age of any of our models on our Web site, to feel free to stop back at any time and I will provide him with identification documents."
About six months later, however, police used two photos off the Web site to persuade a judge to give them a warrant to search Jones' home and business. Police at the time told the judge they had information the pictures showed two models who were probably minors.
Jones said Tuesday that before getting the warrant police never checked with him to see if he could prove the models were adults. He presented that proof in court Tuesday, offering documents showing both women were 19 when the photos were taken.
Judge Sharon Prather said she will rule Dec. 19 on whether the search was legal. If she rules in favor of Jones, all of the evidence seized during the raid would be barred from trial, effectively killing the prosecution's case against him
