New court date for dad who bound daughter with tape - KMSP-TV

New court date for dad who bound daughter with tape

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CHICAGO (FOX 32 News) -

The Chicago man who got in trouble for putting a picture of his toddler daughter on Facebook, bound with tape, could get a second chance.

Instead of a sentencing Thursday, there is a motion for a new trial for Andre Curry, or at least a request to have the judge reconsider his guilty verdict. Earlier this month, Andre Curry was found guilty of aggravated battery.

A new court date has been set for December 3 when he will learn if he gets a second chance. Penalties range from probation to seven years in prison.

Curry said he already lost his job and his employment future is uncertain. Now that this has all gone through the criminal court system, he admits it was foolish of him to take the picture of his then 22-month-old daughter bound in duct tape and put it on Facebook. He added a caption to the photo which read, "This wut happens wen my baby hits me back."

The 22-year-old father of a toddler says he was playing with his daughter and she was never in any danger when he made the mistake.

Curry's attorney, Sam Adam Jr., says he hopes the judge will reconsider.

"Is this something that he needs a felony conviction on, certainly not. Because it's going to come down to us taking care of [her]  for a silly, stupid, 30-second mistake," Adam said.

Curry's mother, Brandi Phillips, said that her son is traumatized.

"Because he is from a family where a lot of our fathers are not there. He took that to make sure that he was in his daughter's life. It's hard on him because he has been a hard worker. He has been working since he was 15," Phillips said.

Phillips said her son just wants to get a job and continue to provide for his daughter. And he is not the monster that is created by social media.

The Cook County Judge saw no humor in the photograph, ruling "To use a child as a toy or prop, is an odd attempt at humor is conduct of an insulting or provoking nature."

Andre Curry said the tape was on his daughter for only a minute but the picture he put on Facebook went viral last December. Curry's relatives have said he is a good father and did not harm his child.

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