Retired West Aurora teacher fighting child porn charges, computer search
A retired West Aurora High School teacher charged in 2016 with possession of child pornography is fighting to have the most severe counts against him dismissed.
Robert L. James, 63, of the 200 block of Lincolnway Street, North Aurora, argues screenshots of an underage girl found on his computer are not tantamount to producing child pornography, and that a search of his home computer took place without his consent, according to Kane County court records.
James was arrested in January 2016 and charged with child pornography and solicitation of a minor.
Attorney Alison Motta contends the images are not a lewd exhibition, that James didn't try to pose the subject and the child in question was fully clothed.
"What can best be described as partial cleavage of a child appears to be depicted through a gap which organically formed in the child's shirt," read part of the motion. "Here, to compel the defendant to proceed to trial if the photograph itself cannot support the charges creates an unreasonable risk that a miscarriage of justice could result."
Motta also argues police exceeded the scope of their investigation when James' estranged wife gave authorities permission to search the couple's home.
Motta maintains police, who did not have a search warrant, were to look for evidence to support the charge the James solicited a minor and a forensic exam of his computer was beyond that aim.
Motta wants all evidence seized from the computer and subsequent interviews and statements from her client banned from court.
Judge John Barsanti is scheduled to hear arguments on Wednesday; James' jury trial is scheduled Oct. 23.
He is free on bond and faces six to 30 years in prison and registration as a sex offender if convicted.