The father, named as Andre Curry by the Chicago Tribune newspaper, from Chicago was heard in a county court by Judge Lawrence Flood and was acquitted of unlawful restraint of his daughter but he will now have to wait to find out the verdict of a second charge which will be decided next week.
According to the Chicago Tribune the judge in the case reportedly has said that he would like more time to be able to study the issue of domestic battery laws before he returns with his final verdict on the case next week.
Andre Curry said of the alarming photo that this was simply a case of father and daughter playing and that he took the picture of her without thinking through the consequences fully before then posting it on to Facebook.
The photograph shows the 22 year old little girl dressed in a pink track suit with her mouth, wrists and ankles all bound by silver tape followed by a note on Facebook that read “This is wut happens wen my baby hits me back” with a smiley face.
According to Andre Curry the whole incident was all just a joke that went horribly wrong and this is what he told police when they interviewed him after the event.
Detective Charles Hollendoner interviewed Andre Curry: “He said he was just playing with the child and he didn’t mean any harm. He said the child was only taped up for a maximum of 30 seconds.”
The aunt of the child also testified saying that she could hear the two laughing in the living room. She added that she went to check on the two of them and saw the toddler covered in tape: “She was laughing; he was laughing. I saw him take off the tape and I went back to the kitchen.”
The defense lawyer in the case told the judge that Andre Curry was a good father and was just having a joke with his daughter. He added: “Was this something stupid to do? No question about it. But they’re asking you to find him guilty of some very serious charges.”
If convicted of aggrevated battery Andre Curry could face up to seven years in prison.
The case shows how Facebook is used in cases as evidence and can also be the catalyst to start legal proceedings.