Defense attorney in child porn case waiting on reports from fore - KOTA Territory News

Defense attorney in child porn case waiting on reports from forensic expert

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The defense attorney for a man charged with possessing child pornography has not received reports from a privately retained forensic expert yet. And that will delay the trial's progress.

James Holtry, 51, is accused of looking at child pornography at the McDonald's Restaurant on East North Street last August. One witness told police he was making faces and interacting with children playing at the restaurant's Play Land.

Already a registered sex offender for a sexual contact incident in 1999, Holtry, currently faces three counts of felony possession, manufacture, or distribution of child pornography.  Pennington County Seventh Circuit Judge Robert Gusinsky can use the past conviction to increase Holtry's sentence if he is convicted on current charges.

But both sides will have to wait until Attorney Jay Davis has a chance to review the forensic reports. Designated defense experts are only allowed to view child pornography at a lab at the U.S. Attorney's Office in Sioux Falls.

The next status hearing is set for Aug. 26.

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