A Cullman County jury has acquitted a local woman of producing obscene photographs of local children.
According to Cullman County Circuit Court records, Judy Ann Smith, 52 of Cullman was found not guilty on Sept. 24 of three counts of production of obscene matter of children under 17-years-old.
Smith’s defense attorney, Sara Baker, said it took the jury less than half an hour to return the not guilty verdict.
“Judy was certainly gratified by the decision,” Baker said. “I really felt she was not guilty and wanted to get it resolved as quickly as possible.”
Smith could not be reached for comment by deadline of this article.
Smith may be cleared of all charges, but her life is still in disarray because of the case, Baker said.
Baker said Smith had to spend much of her time between her arrest and trial incarcerated because she had trouble posting bail.
“It took everything she had ... she had to sell her home,” Baker said. “She’s homeless right now. I’m trying to help her get back on her feet ... trying to help her get with social services.”
Cullman Police reports indicate Smith was arrested in March after investigators learned about the photographs from a local business where they were developed. The pictures showed three children in a bathroom setting, some of whom were partially nude.
Smith was not related to any of the children.
Baker said she presented a two-part defense, the first of which stated the pictures did not constitute obscene materials as required by state statute. The second part was that, even if the prosecution proved the pictures met the statute requirements, they could not prove Smith was the one who took the pictures.
“She (Judy) admitted to taking pictures of the children ... but she had always denied taking those pictures,” Baker said of the obscene photographs.
Baker noted that when police searched Smith’s residence, they found pictures of the children, however, the photographs were nothing like the ones seized at the business.
‰ Patrick McCreless can be reached by e-mail at email@example.com or by telephone at 734-2131 ext. 270.