SUSPECT’S LAWYER SAYS HAVING SET OF INDICTMENTS TRIED IN SAME TRIAL WOULD LEAD TO ‘INFLAMMATION OF BIAS’ BY ANY JURY,
BUT THEN ADMITS IN SAME COURT MOTION THAT HIS DEFENDANT WOULD LIKELY BE FOUND GUILTY ON OBSCENITY CHARGE IN SEPARATE TRIAL
DECEMBER 31, 2020 – written by WADE QUEEN
DALE ALLEN FRALEY, 49, OF LOUISA, WHO IS FACING FEDERAL CHILD PORNOGRANY AND OBSCENE VIDEOS INVOLVING ADULT BESTIALITY TRIAL IN 2021.
The defense lawyer for a Lawrence County, Ky., man accused of soliciting two underage teenage girls to produce child pornography is asking for a separate trial regarding videos depicting a woman raping a dog, according to federal court records.
In a December 23, 2020 court motion, attorney Michael B. Fox asked a federal judge to separate a superseding indictment in the case of Dale Allen Fraley, 49, of Louisa. Dale Fraley was initially indicted in October 2019 by a federal grand jury in connection with allegations that he used social media personas to solicit recordings of underage teenage girls,according to federal court records.
Dale Fraley was arrested on October 18,20219, by the Kentucky State Police on the federal indictment warrant, and he was lodged in the Carter County Detention Center in Grayson, Ky.
In September 2020, a federal grand jury recharged Fraley with 13 counts related to the same child pormography allegations, along with an additional count for possessing three videos of an adult woman engaging in sexual contact with a dog.
Dale Fraley was picked up on September 3, 2020 by U.S. Marshals and taken to the Pike County Detention Center in Pikeville, Ky.,where he has remained housed there at the jail since then.
Dale Fraley’s defense attorney Michael Fox wrote that the charge, producing obscene material with the intent to distribute, didn’t really tie into the child porn case because the woman depicted is an adult.
“The allegations related to child pornography are wholly distinct from the allegations related to obscene material,” attorney Fox wrote.
The motion by Michael Fox states that the obscenity charge will have to meet a three-prong test at trial: A. The average person applying contemporary adult community standards finds the material “appeals to prurient interests;” B. The average person, applying the same standards, would find it depicts “sexual conduct in a patently offensive way;” and C. If a reasonable person can find when the material, taken as a whole, “lacks serious literary, artistic, political or scientific value.”
Additionally, defense attorney Fox argued that if the obscenity and the child porn charges are bundled together, the jury in Dale Fraley’s criminal trial could “likely be inflamed and will potentially convict Dale Fraley under the child pornography counts simply because he possessed alleged obscene materials.”
However, Mr. Fox then flipped to the complete opposite of his argument in the court motion, as attorney Fox also wrote, “the jury is also likely to convict Mr. Fraley of the obscenity charge based on the allegations in the child pornography counts.”
As of Wednesday afternoon, December 30, the federal judge overseeing the Dale Fraley case had not rendered a ruling in regards to the pair of indictments.
No matter how sick someone is, there will always be a lawyer who will take his case?