Boy too traumatized to testify

Two men accused of amassing a child pornography collection were bound to the grand jury Tuesday, with one of them temporarily side-stepping aggravated sexual battery charges brought by a young boy who lawmen say is now too emotionally fragile to testify.

The defendants, Peter Murray Gibson, 40, and Daniel James Holmes, 43, were both bound to the grand jury by General Sessions Judge Larry Ross on 11 counts of exploitation of a minor for their alleged possession of several disks containing inappropriate images of underage boys.

The more serious charge of aggravated sexual battery against Holmes was dismissed during court Tuesday due to emotional problems which lawmen say have rendered the boy unable to communicate when it comes to issues about the sexual battery case.

?We will have to drop the sexual battery charge due to issues with the victim at this point,? said assistant district attorney Mark Tribble.

Lawmen say they intend to pursue the sexual battery count once the youth is able to testify, noting they will likely take the count before a future session of the grand jury. The short-term effect of the dismissal is a reduction in bond with both under $55,000 bonds at this point.

It was the sexual assault that prompted the search of the couple?s home earlier this year. During an interview with Gibson, sheriff?s investigator Jackie Matheny Jr. said the suspect admitted he had downloaded and burned several disks of pornography, including child pornography, for Holmes. He had then placed the disks in a safe.

There were a total of 43 disks sent to the TBI for analysis. Matheny said he viewed two of the disks and found 11 separate clips involving young boys having sex acts, with more than half of them having suggestive titles which the judge did not require the investigator to reveal during the hearing.

In defense of Holmes, attorney Bobby Boyd pointed out Gibson admitted to downloading and burning the disks, and lawmen have only his word that Holmes even knew about the disks which were locked away in a safe. Matheny countered that both men had access to the safe and that he has no reason not to believe Gibson?s claims.

For Gibson, attorney Larry Bryant suggested his client had been threatened, asking Matheny if he had heard someone say that if he did not cooperate he could go to jail for the rest of his life. Matheny said he heard no such threat.

The end result of the hearing was binding both men to the next term of the grand jury. In the meantime, the child in question whose testimony against Holmes is still pending, remains in a foster home.