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(last updated on September 26, 2007)

Judge dismisses child porn charges filed against Kenedy parents

By Jason Clay Jansky

Charges related to possession of child pornography filed against Kenedy resident Roy White and his wife Donise White were dropped by a district judge Thursday.

A legal problem with the original grand jury indictment prompted Roy White’s attorney William Davidson to file a motion to dismiss.

"There was a problem in the indictment. It was not specific enough," Davidson explained. "It was so vague, you could read it and not understand what he was being charged with. I found that problem and I filed a motion to dismiss based on that."

White and his wife were charged in Beeville, and that area’s District Attorney Martha Warner said she plans on getting a new grand jury together and seeking an indictment all over again.

Davidson wasn’t so sure.

"I think they might use this as an excuse to go ahead and let this go. In order to do this again, they would have to re-file the case, have another grand jury hearing, and go through a whole lot of work that they may not want to," he said.

Warner previously attempted to file a motion to amend the indictment, but the judge in the case denied it seeing as the changes would have been too extensive.

White was charged with possession of child pornography last May and similar charges against his wife followed shortly thereafter.

Beeville Wal-Mart employees alerted police when they thought they’d found some questionable photographs in a film development order Roy had placed at the store.

The White family has claimed innocence in the case since the charges were filed.

"My client took a bunch of pictures of his kids playing in the pool. Some of these pictures depicted the children without clothes on in the pool. When he had them developed, there are three or four pictures that are a little bit questionable," Davidson said shortly after his client was arrested in May. "There’s no sexual contact. None of the kids are even touching each other. There are no adults in the pictures. It’s just several pictures of kids playing in the pool."

Roy White, who is employed as a corrections officer at the Connally Unit state prison, has been on administrative leave but plans to return to work now that charges have been dropped, Davidson said.

jjansky@thecountywide.com