Mankato football coach cleared of child pornography charges

Earlier this fall we covered the story of the Minnesota State Mankato football coach who was charged with child pornography after an information technology employee found videos on his work cellphone. The videos allegedly showed his three children naked and playing and led to very serious criminal charges. Today, a Blue Earth County judge dismissed all charges against him.

As we mentioned earlier, it may not have been the best idea to record family videos on his cellphone, but that does not mean that a lapse of judgment should lead to a criminal conviction. There needs to be an actual violation of the law for someone to be convicted. And, in this case, the judge said that these videos did not violate any child pornography laws.

Previously, the prosecutors had said that the videos clearly were sexually exploitative and that they were a “lewd exhibition of the genitals.” He also claimed that the videos showed one of the children masturbating. After the judge reviewed the videos, however, she said that the videos were merely children being children. If there had been any touching of the genitals, it was coincidental and not sexual.

The coach is very lucky that he had an impartial judge reviewing the videos. Child pornography charges often raise extreme emotions and it makes it difficult for anyone, jury members and judges alike, to be unbiased. This is why it is extremely important for anyone suspected of sex crimes to work closely with a criminal defense attorney.

Source: Star Tribune, “Judge dismisses child porn charges against Mankato football coach,” Richard Meryhew, Nov. 30, 2012

If you want to read more about how this man was acquitted, please see the source above. If you want to learn more about our work with people who have been accused of child pornography possession, please visit our website.

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

The timeline for filing pre-trial motions in a criminal case in Minnesota varies with the type of motion. A motion related to the discovery of evidence or dismissal of a criminal case must be filed at least three days before the Omnibus Hearing. The prosecution is then allowed to respond to the motions, and the court sets the timeline for these responses.
Knowing the tips for interacting with law enforcement as a suspect in Minnesota can keep you from saying or doing something that incriminates you. These tips include understanding your rights while interacting with law enforcement, knowing how to handle search and seizure, and seeking the early intervention of a criminal defense lawyer. You should apply these tips when you are stopped for questioning, a suspect in a criminal investigation, pulled over in a car, and during arrest, arrest processing, and custody.
You may need to hire a criminal defense lawyer even if you have not been charged. A criminal defense lawyer protects your rights when law enforcement officers are investigating you for a crime. Without a lawyer, you might say something that could be incriminating or misconstrued. Your lawyer can engage with the police or the prosecutors and provide evidence that prevents them from filing formal charges. Your lawyer can also go through your case and prepare a defense strategy if there is a possibility of you getting charged.