Monday, May 4, 2009

Grandma Arrested For Photos of Grandchild in Tub

York Daily Record : Spring Grove grandmother sues police.

Dull, then a 59-year-old Spring Grove grandmother, was arrested on child pornography charges on March 14, 2005, in the parking lot of the West Manchester Mall.

A Wal-Mart employee had contacted police about pictures Dull had dropped off for development. The photos were of Dull's young granddaughter at bath time.

The child abuse charges were later dropped at the direction of York County District Attorney Stan Rebert, who told the court at the time he did not think the requisite "intent" to distribute child pornography was present in the case. In court documents, Dull had maintained the pictures she took were innocent photographs intended only for the family album. "It was a shame that it happened," Dull's attorney, John Yaninek, said.

Yaninek said Dull was "unfortunately" caught up in the public battle against child pornography.
In 2007, Dull filed a federal civil lawsuit claiming West Manchester Township Police and York City Police had violated her constitutional rights. Specifically, Dull claimed officers used excessive force and violence when they arrested her.

Dull maintains she was handcuffed "tightly in a rough, vigorous and aggressive manner" and slammed into a parked car with enough force that her head bounced off the vehicle, resulting in injuries to her back.

She is seeking in excess of $200,000 plus punitive damages. Jury selection is scheduled to begin in U.S. Middle District Court in Harrisburg on Oct. 5, 2009.