A former Ball State instructor previously found guilty on four counts of child exploitation and four counts of possession of child pornography has had three of his charges reversed.
Brian Siebenaler, former Ball State instructor of mathematical sciences, was arrested in 2016 when University Police was alerted to suspicious activity on a computer in the Robert Bell building, according to a previous Daily News report.
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In May 2018, the judge sentenced Siebenaler to four years on each count, all suspended to probation, to be served concurrently.
Siebenaler later appealed and contended that the evidence was insufficient to support his convictions.
RELATED: Students react: Math instructor arrested for possession of child pornography
According to the case summary from Indiana’s court of appeals, Siebenaler argued that the images depicting “mere nudity” and not “sexual conduct” were not sufficient to convict him.
The court reversed one charge of possession of child pornography agreeing with Siebenaler that the evidence “depicts mere nudity,” and reversed two child-exploitation convictions because the evidence used to support the charges were not “sexually suggestive.”
The court affirmed two child-exploitation convictions and three possesion-of-child-pornography convictions.
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