Posted at: 06/13/2013 3:39 PM
By: The Associated Press
SANTA FE, N.M. (AP) - The state Supreme Court has ruled that prosecutors can use photographic evidence from a seized camera against an Albuquerque grandmother and her boyfriend, who allegedly had sex with the woman's 4-year-old granddaughter.
The court on Thursday ruled that authorities properly took the digital camera during a 2007 search of an apartment as part of an Internet child pornography investigation.
The camera's internal memory contained images of Linda Davis' boyfriend, Christopher Gurule, allegedly engaging in sex acts with the child.
Davis and Gurule have pleaded not guilty to several charges, including criminal sexual penetration and sexual exploitation of a child.
The justices overturned rulings by the state Court of Appeals and a Bernalillo County District Court, which had concluded that a search warrant by investigators didn't cover the digital camera.
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