COLUMBUS, Ohio — A man imprisoned for writing fictitious stories of child torture and molestation has been released from jail two months after an appeals court threw out his child pornography conviction.
Brian Dalton was on house arrest Friday at his parents’ home in Lancaster, about 25 miles southeast of Columbus. He can have no contact with children under the terms of his release.
The prosecution has appealed the dismissal of his conviction to the Ohio Supreme Court.
Dalton, 24, is believed to be the first person in the United States successfully prosecuted for child pornography for writings rather than images.
The stories, which prosecutors say were made up and never acted on, were about three children, ages 10 and 11, being caged in a basement, molested and tortured.
Prosecutors have asked the state Supreme Court to hear an appeal of the 10th Ohio District Court of Appeals’ July dismissal of Dalton’s guilty plea to obscenity charges.
The appeals court agreed with Dalton that he initially received poor legal assistance. The case was sent back to a county court for a retrial. Dalton must remain on house arrest until his case ends.
"He’s happy to be home. He obviously hopes ultimately to be free," said Benson Wolman, one of Dalton’s attorneys.
A Franklin County judge ordered Dalton’s release Wednesday, 18 months after he was sent to prison on a seven-year term.
Wolman and a team of American Civil Liberties Union lawyers have argued that Dalton was wrongfully imprisoned for what should have been constitutionally protected free speech or, in this case, writings.
Dalton, of Columbus, pleaded guilty in July 2001 to pandering obscenity involving a minor. He later asked to withdraw the plea but was refused. ACLU attorneys then appealed.
Dalton said his former trial lawyer did not inform him of the legal implications of a guilty plea or ask for an immediate dismissal on free speech grounds.
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