DECATUR, Ill. (WAND) - A Macon County Judge heard arguments on Friday morning in the Doug and Kelly Nichols case.
Defense attorneys for the pair filed a motion to dismiss the charges against Kelly Nichols, 52. She faces 18 charges related to child pornography.
- Eight Class 3 felony charges of child pornography
- Four Class 2 felony charges of child pornography
- Six Class X felony charges of child pornography
Both Doug and Kelly have pleaded not guilty to the charges against them.
Macon County States Attorney Scott Rueter shared a small amount of information from the case. WAND News learned that photos and videos of nude children were found in the couple's possession.
Defense Attorney Andrew Wessler argued that the photos and videos were of the couple's children.
"I'm in my basement documenting my own children and 20 years later because the police get a hair up their butt, and they search my house. They find the computer and they find nothing illegal, so they say that's got to be child pornography," Wessler argued on the couple's behalf.
Wessler shared with Macon County Associate Judge Lindsey Shelton that in the indictment there was a section that specifically said the photos and videos focused on a child's breasts. He argued there was nothing sexual about the videos and photos.
"She sang the song Barbie Girl. Yeah, she talked about her breasts being plastic because that's the words of the song. Find me a girl that age that doesn't sing that song," Wessler said. "To say this is child pornography is offensive."
In December 2022, WAND News learned a warrant was issued for their arrest and they turned themselves in.
According to Decatur Police, this arrest stems from an investigation that was initiated in the summer of 2021.
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The indictment mentioned law enforcement finding photos of nude infants and toddlers laying on a bed. The defense argued that there was nothing sexual about the photos.
"These charges are not child pornography. These charges are a witch hunt. The court needs to dismiss every single one of these charges," said Wessler.
Douglas received 24 charges related to child pornography and sexual assault:
- Twelve Class 2 felony charges of child pornography
- Six Class 2 felony charges of aggravated criminal sexual abuse
- Two Class 1 felony charges of aggravated criminal sexual abuse
- Four Class 1 felony charges of criminal sexual assault
Macon County Associate Judge Shelton will make her ruling on the motion to dismiss in writing.
Members of the public are reminded that a complaint is merely an accusation; the defendant is presumed innocent unless proven guilty.
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