Thursday, March 08, 2001

Mom's photos of daughter not obscene




The Associated Press

        RAVENNA, Ohio — Karen Lupton covered her eyes and wept when a jury found her not guilty Monday night of two counts of using a minor's nudity in photographs.

        “I'm glad this is all over,” Ms. Lupton said after the verdicts on the charges concerning photos of her 6-year-old daughter.

        It was her second trial based on photographs that showed the girl naked from the waist down.

        “Karen Lupton did not commit a criminal offense in taking those photographs,” said her attorney, James D. Ingalls.

        Ms. Lupton, 29, was tried in November on three counts of pandering obscenity and two counts of illegal use of a minor in nudity-oriented material. That jury acquitted her of the pandering obscenity charges but could not reach a verdict on the other charges, which were brought forward for the second trial.

        Ms. Lupton's 9-year-old son testified in the most recent trial that he and his sister were having fun jumping on their mother's bed and that snapshots during these moments were common.

        Assistant Prosecutor Brian D. Dunbar of Portage County argued that Ms. Lupton knew the pictures were deviant.

        On June 20, Ms. Lupton's husband, James, found a digital photo of his daughter nude from the waist down. He called sheriff's deputies but said he now regrets reporting the matter.

       



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