A Chicago man who bound his 22-month-old daughter with tape and posted a photo on Facebook has been acquitted of unlawful restraint and will find out the verdict on a second charge next week.
Cook County Circuit Judge Lawrence Flood cleared the 22-year-old father of the first charge on Tuesday, The Chicago Tribune reported. Flood said he wanted more time to study domestic battery laws before issuing a verdict on that charge.
Andre Curry, who did not testify on his own behalf, has said he and his daughter were playing on December 13 and that he took the photo without thinking. Defence attorney Sam Adam argued the child was never in danger.
The posting on Facebook showed the girl's wrists, ankles and mouth bound with tape and a note that read, "This is wut happens wen my baby hits me back," and a smiley face.
His sister, Annastasia Curry, testified she was cooking dinner and could hear Curry and her niece laughing in the living room. She said she went to check on them at one point and saw the little girl covered with tape.
"She was laughing; he was laughing," the sister said. "I saw him take the tape off, and I went back in the kitchen."
Prosecutors say that by placing the tape over the girl's mouth, Curry obstructed her breathing and committed a battery.
Curry, who can have only supervised visits with the child, could face up to seven years in prison if convicted.