Austin predatory offender’s lawyer moves for review of phone that allegedly contained child porn
(ABC 6 News) – An Austin sex offender’s defense moved to conduct their own forensic review of his phone after Mower County Court charged him with 20 counts of possessing child pornography.
Eric Robert Smith, 59, was charged in December of 2023 after Rochester police seized his phone and allegedly located Child Sexual Abuse Material (CSAM) or child porn featuring children ages 6-14.
Smith’s defense claims law enforcement did not fully search the suspect’s phone, and that it may include exculpatory evidence.
The motion hearing is scheduled for Sept. 12.
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(ABC 6 News) – An Austin man previously accused of sexually assaulting a child was charged with 20 counts of possession of child pornography.
Eric Robert Smith, 59, faces 10 charges of possession of child pornography–minor under 14 and 10 charges of possession of child pornography — predatory offender.
All of the charges are felonies.
According to court documents, on Dec. 8 Smith was arrested on a warrant for allegedly violating his conditions of release.
The violation is not detailed in court documents related to the child pornography charges.
However, a search warrant filed Dec. 13 alleges that Smith was arrested for allegedly accessing pornography and drinking alcohol, both of which are prohibited according to his terms of release.
Smith was previously convicted of an amended charge of 2nd-degree criminal sexual conduct–child under 13 in 2007.
The conviction was part of a plea deal to avoid a 1st-degree criminal sexual conduct conviction from a series of incidents in 2005.
Smith was sentenced to 21 months at the MN Correctional Facility in St. Cloud, as well as 10 years’ probation after his release.
When Smith was arrested Dec. 8, law enforcement seized his cell phone, according to court documents, and allegedly located suspected Child Sexual Abuse Material (CSAM), or child pornography.
On Dec. 18, Austin police allegedly reviewed all of the information on Smith’s phone, and found 19 files containing CSAM, including photos and videos of children estimated to be ages 6-14.
Smith’s initial appearance is scheduled for Jan. 8, 2024.