Appeals Court Reverses Decision to Dismiss Child Porn Charge

February 17, 2017

February 17, 2017

For Immediate Release

Contact: Lindsay Corcoran 508-368-7252

WORCESTER – The Massachusetts Appeals Court reversed a Superior Court judge’s order to dismiss a charge of posing or exhibiting a child in a state of nudity against a Shrewsbury man, according to Worcester County District Attorney Joseph D. Early Jr.

The indictment against 54-year-old Evan Ingersoll on the charge of posing or exhibiting a child is reinstated. Ingersoll also faces four other counts, including two counts of indecent assault and battery on a child, possession of child pornography and photographing or videotaping an unsuspecting nude person.

Ingersoll allegedly took photos and videos of two minors in various stages of undress on two separate occasions in 2013.

Superior Court Judge Janet Kenton-Walker dismissed the one indictment after hearing the defendant’s argument that the evidence had to establish that “he physically posed or instructed the minors to assume a posture while in a state of nudity.”

“However, this view disregards other language in the statute that also criminalizes when a person ‘hires, coerces, solicits or entices, employs, procures, uses, …encourages, or knowingly permits such child to pose or be exhibited in a state of nudity,’” the Appeals Court judge wrote in the decision issued Friday. The Appeals Court reversed Kenton-Walker’s ruling.