News
Porn charge dismissed against man who wrote about molesting children
Published: Mar 05, 2004 - 07:29 PM
COLUMBUS, Ohio (AP) - A state judge Thursday dismissed a child pornography charge against a man who wrote stories about molesting and torturing children. Franklin County Common Pleas Judge David Cain said the charge did not meet the standard of law prosecutors used, which only covers acts involving real children. Brian Dalton - believed to be the first person in the United States to be imprisoned for child pornography for writings rather than images - has been under house arrest at his parents' Lancaster home, 30 miles south of here, since September.
He pleaded guilty in 2001 to pandering obscenity involving a minor, which falls under Ohio's pornography law, but later asked to withdraw the plea so he could fight the constitutionality of the law. A state court refused.
The 10th Ohio District Court of Appeals in July overturned the guilty plea, saying Dalton had poor legal assistance initially. The Ohio Supreme Court let the decision stand in November, setting the stage for Dalton's new trial.
The stories, which prosecutors say were never acted on, were in journals Dalton's parents found in 2001 and gave to his probation officer. He had been found with pornographic photos of children in 1998.
Cain said it was clear Dalton's stories were never intended to be distributed.
"If the journal was ever taken out of the apartment, it was never off the defendant's person. No attempt was ever made to distribute, publish or share the journal with anyone," Cain wrote.
Dalton's attorney, Benson Wolman, said he was pleased with the ruling.
"This is the second court to decide that something was wrong in the first place," Wolman said. "What you write in your private notebook should not be the subject of prosecution."
Franklin County Prosecutor Ron O'Brien said there was no immediate decision on whether to appeal.
The 10th Ohio District Court of Appeals in July overturned the guilty plea, saying Dalton had poor legal assistance initially. The Ohio Supreme Court let the decision stand in November, setting the stage for Dalton's new trial.
The stories, which prosecutors say were never acted on, were in journals Dalton's parents found in 2001 and gave to his probation officer. He had been found with pornographic photos of children in 1998.
Cain said it was clear Dalton's stories were never intended to be distributed.
"If the journal was ever taken out of the apartment, it was never off the defendant's person. No attempt was ever made to distribute, publish or share the journal with anyone," Cain wrote.
Dalton's attorney, Benson Wolman, said he was pleased with the ruling.
"This is the second court to decide that something was wrong in the first place," Wolman said. "What you write in your private notebook should not be the subject of prosecution."
Franklin County Prosecutor Ron O'Brien said there was no immediate decision on whether to appeal.
