Conviction of man who admitted having child porn thrown out

12-25-2013 New Hampshire:

The state Supreme Judicial Court has overturned the guilty plea, conviction and 2-15 year prison sentence of a man who police said admitted possessing child pornography.

David Latagne agreed to plead guilty to a reduced charge of attempted possession of child pornography last year and was sentenced to 2-15 years in state prison.

But the plea deal came only after a judge refused to throw out Latagne's admission to police that he possessed child porn and the results of a search of his computer. The agreement allowed him to remain free while he appealed that ruling.

Salem police arrested Lantagne at Canobie Lake Park in July, 2013 on disorderly conduct charges after getting complaints that he was taking pictures of young girls' backsides as they emerged from a water ride.

In a unanimous decision, the justices said since the disorderly conduct charge did not meet the legal standard for that crime, the arrest was "unlawful" and prosecutors could not use statements made when he was questioned while police were holding him on that charge.

The court said Lantagne was arrested after a woman complained to a security guard that Lantagne made her "nervous," and the guard observed Lantagne positioning his cell phone on the side of his leg and aiming at young girls clad in swim suits. ..Continued.. by BILL SMITH, New Hampshire Union Leader