Illinois judge rethinks harsh punishment for man's Facebook photo posting
By Chicago Tribune
Published: Saturday, Jan. 5, 2013, 8:54 p.m.
CHICAGO — In a rare move, a Cook County, Ill., judge reversed himself on Friday, reducing to a misdemeanor a man's felony conviction for posting on Facebook a photo of his young daughter bound and gagged with tape.
The move by Judge Lawrence Flood was made two months after he convicted Andre Curry of aggravated domestic battery and aggravated battery, both felonies, and was scheduled to sentence him to a potential prison term. Instead the judge sentenced Curry to 18 months of probation and ordered him to take parenting classes.
In reducing Curry's conviction to misdemeanor domestic battery, the judge said that on reviewing the law, he found prosecutors had not proved Curry intended to obstruct the child's breathing. Flood cited testimony from police and Curry's sister that the tape was over the girl's mouth for only a few seconds.
“In your rush to show everyone how funny you were, you used ... a helpless 22-month-old child, who was completely dependent on you, as a prop,” the judge lectured the 22-year-old father. “This was not funny, OK? I want you to understand the gravity of your lack of judgment in this case.”
Family members have said that Curry is playful and the photograph was meant to be a joke.
Show commenting policy
TribLive commenting policy
You are solely responsible for your comments and by using TribLive.com you agree to our Terms of Service.
We moderate comments. Our goal is to provide substantive commentary for a general readership. By screening submissions, we provide a space where readers can share intelligent and informed commentary that enhances the quality of our news and information.
While most comments will be posted if they are on-topic and not abusive, moderating decisions are subjective. We will make them as carefully and consistently as we can. Because of the volume of reader comments, we cannot review individual moderation decisions with readers.
We value thoughtful comments representing a range of views that make their point quickly and politely. We make an effort to protect discussions from repeated comments either by the same reader or different readers.
We follow the same standards for taste as the daily newspaper. A few things we won't tolerate: personal attacks, obscenity, vulgarity, profanity (including expletives and letters followed by dashes), commercial promotion, impersonations, incoherence, proselytizing and SHOUTING. Don't include URLs to Web sites.
We do not edit comments. They are either approved or deleted. We reserve the right to edit a comment that is quoted or excerpted in an article. In this case, we may fix spelling and punctuation.
We welcome strong opinions and criticism of our work, but we don't want comments to become bogged down with discussions of our policies and we will moderate accordingly.
We appreciate it when readers and people quoted in articles or blog posts point out errors of fact or emphasis and will investigate all assertions. But these suggestions should be sent via e-mail. To avoid distracting other readers, we won't publish comments that suggest a correction. Instead, corrections will be made in a blog post or in an article.
- California man named as bitcoin creator denies involvement
- El Nino could bring relief to U.S.
- Former National Security Agency contractor Snowden’s leaks to cost billions, take years to fix
- Health marketplace targets not signing up, survey shows
- Ads tell Colo. pot users to keep off roads
- Shuster plans oversight for DUI program
- Tenn. homicide suspect shot mom in 2004
- ‘Senior officers should not do that,’ Army leader says in pleading guilty to misconduct charges
- Senator wants fast action on rail safety
- Gillibrand sex assault bill halted by fellow Democrat
- Crisis stymies Obama getaway