Dad in Facebook photo case acquitted of 1 charge

6:30 AM, Oct 31, 2012   |    comments
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CHICAGO -- A Chicago man who bound his 22-month-old daughter with tape and posted a photo on Facebook has been acquitted of unlawful restraint.

He finds out the verdict on a second charge -- aggravated battery -- next week.

Andre Curry has said he and his daughter were playing on Dec. 13 and that he took the photo without thinking. His attorney 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.

Three witnesses testified during the trial including a Chicago police detective who said he interviewed Curry twice in the days after the incident and the father insisted the whole thing was meant to be a joke.

Curry could face up to seven years in prison if convicted on the aggravated battery charge.