DECATUR, Ill. (WAND) — A Macon County judge has found a Decatur couple guilty on possession of child pornography charges.
The trial for Doug and Kelly Nichols, accused of child porn, reconvened Thursday morning. They were arrested in 2022.
Both were found guilty of possessing child pornography. Each of these carry a sentence of between 2 to 7 years and are charges you can receive probation for. Kelly was found guilty of one additional charge, which is filming child pornography content. This carries mandatory prison time. Both will be registered sex offenders for life.
With these charges, the judge changed the Nichols release terms to include that they cannot leave the state of Illinois or spend unsupervised time with a minor.
The case included several pictures and videos of the Nichols' daughters and other relatives, who were all minors, while nude. These were taken over the span of a decade, with the earliest image taken in 2002.
Judge Lindsey Shelton used several statutes and former cases to determine whether the images police found on the Nichols' computer and hard drive was pornographic or lewd. She based these determinations on the setting in which images were taken, and what aspects of the children's bodies were highlighted. Shelton noted in several instances that the children appeared to be posed, and that their clothes were specifically removed for the pictures or videos
Throughout the trial, defense attorneys argued that there isn't any proof about who took the images and that the photos weren't labeled or categorized. They further argued that the couple could have been completely unaware about the images on the devices.
"I did not find the testimony of Douglas and Kelly Nichols credible when they stated that they never once looked back at any of the pictures and video that they ever took of their daughters throughout the years, and just downloaded them or saved them," said Shelton. "That would imply that they never looked back at them with their daughters as memories, that they never showed family and friends the pictures that they had taken over the years, that they you never printed them off or frame them, or even looked at the images right after taking them to make sure everyone eyes were open or looking at the camera."
Some of the images were shown in court, but the judge only permitted certain individuals involved in the case to see them.
Both of the Nichols' adult daughters testified in defense of their parents, telling the court they grew up in a loving home.
A forensic expert for the defense testified that the computer with the child porn images had not accessed any websites linked to child pornography. The witness also said there was no evidence the computer was used on the dark web with the intent to distribute, acquire, or view child pornography.
Sentencing is scheduled for Nov. 21. The judge will also hold a status hearing for Doug's remaining charges on the same day. He is facing charges of aggravated criminal sexual abuse and criminal sexual assault. Both initially pleaded not guilty to all charges.
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