A New Boston, Texas, man accused of sexually assaulting a 2-year-old girl and emailing pornographic photos of the abuse is scheduled for a June jury trial.
Joseph Clinton Leatherman Jr., 29, appeared Wednesday afternoon with Dallas lawyer Gary Unell at a hearing before 102nd District Judge Bobby Lockhart in Bowie County. Leatherman was indicted in September on a charge of aggravated sexual assault of a child and pleaded not guilty at an earlier hearing. A Bowie County grand jury handed down a second indictment in December charging Leatherman with possession of child pornography. Unell entered a not guilty plea to that charge at Wednesday's hearing.
Lockhart asked Assistant District Attorney Kelley Crisp if the state intends to try both cases during a jury trial scheduled to begin June 13. Crisp told Lockhart that an assistant U.S. attorney in Texarkana has discussed an intention to present Leatherman's case to a federal grand jury for possible indictment, but that believes there are enough allegations of misconduct by Leatherman to make charging him at both the state and federal levels possible.
Crisp said that she and Unell regularly communicate about the case and that Unell intends to view materials in the DA's office which cannot by law be duplicated and turned over to the defense. Photographs depicting the sexual exploitation of children are among materials which cannot be copied under Texas law.
The investigation into Leatherman's alleged misdeeds began in Dallas, according to a probable-cause affidavit used to create the following account. Police there received notification Aug. 9 from the email service AOL that five images depicting child pornography had been mailed by a subscriber with the username infantryman903, which was allegedly linked to Leatherman. Special agents with the Texas Department of Public Safety determined the offensive photos appeared to have been taken in April. The images show a male with distinctive physical characteristics wearing shiny camouflage underwear sexually assaulting a young child.
DPS investigators acquired a warrant and searched Leatherman's home Aug. 11 on Walters Street in New Boston. During the search, investigators allegedly found men's camouflage underwear identical to that worn by the man in the illicit pictures. Leatherman's cellphone was seized as well. A woman with whom Leatherman had been living allegedly recognized his body, the underwear and the child pictured in the images when questioned by police.
Investigators reportedly found an LG cellphone in Leatherman's back pocket at the time of the search Aug. 11. An image of a child being sexually assaulted by an adult male was allegedly discovered on Leatherman's phone.
Possession of child pornography is punishable by two to 10 years in prison and a fine up to $10,000. Aggravated sexual assault of a child is punishable by 25 to 99 years or life in a Texas prison.