The conviction of a New Hope man for possession of child pornography was reversed Wednesday in the U.S. Court of Appeals Fifth Circuit.
Keith Moreland was convicted in federal court and sentenced to more than four years imprisonment and five years of post-release supervision and ordered to register as a sex offender due to the finding of child pornography on his home computers.
According to the court’s ruling, during the 2009 trial, the prosecutor showed 112 digital images of purported child pornography that a Columbus police officer found on two home computers that Keith Moreland and his wife, Deanna Moreland, owned and kept in their Columbus home.
Keith Moreland’s father, George Moreland, had cancer and stayed with the couple at the house on and off during 2007 and until his death in January 2008. Police obtained possession of the family’s computers in September 2007. Keith Moreland testified his father knew the password and used the computers.
Eric Moreland, Keith’s brother, testified he knew his father had an issue with viewing pornography. He also said his father learned of the charges and directed him to destroy the computers.
Keith Moreland was charged for the offense in May 2008 and found guilty in 2009.
The court’s ruling states, “After viewing all of the evidence in the light most favorable to the guilty verdict, we conclude that no reasonable jury could find beyond a reasonable doubt that Keith had knowledge that the 112 images were in the computers or possession of the images, that is, the power and ability to access and exercise dominion or control over them.”
According to court documents, Deanna was first to find traces of pornographic viewing and notified Keith, who was a supervisor at American Eurocopter at the time.
District Judge Grady Jolly dissented, saying only the defendant’s side was presented.
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