Questionable Images Lead To Dismissal Of Olmsted County Porn Case

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Rochester, MN (KROC AM News) - A Rochester man is no longer facing prosecution in a child pornography case.

The decision to dismiss the case centered on the inability to verify the age of those seen in the images.

The Olmsted County Attorney’s Office filed ten felony charges of possessing child pornography against 35-year-old Sean Marshall in April. He was living in Pine Island at the time.

According to the complaint, a Goodhue County Sheriff’s Office investigator obtained a search warrant for Marshall’s residence. The reason for the warrant wasn’t revealed in the complaint. It was executed on Nov. 8 last year.

The investigator found some minor drug items and then searched Marshall’s phone. That’s where the sexually explicit images were discovered. All ten of the images involved males and females between the suspected ages of 12 - 17.

Marshall’s attorney filed a motion for dismissal, arguing the images used to file the charges were not valid.

Before the hearing was held, the prosecutor filed this motion with the court:

Marshall was arraigned on the charges in May and his conditional bail was set at $20,000.