Judge determining verdict for Huntington man charged with child - KTRE.com | Lufkin and Nacogdoches, Texas

Judge determining verdict for Huntington man charged with child porn

LUFKIN, TX (KTRE) -

A man accused of having nude images of a teenaged girl went before a judge on Tuesday.

Philip Malone, 29, of Huntington, appeared in Judge Paul White's courtroom Tuesday for a bench trial.

White did not make a decision on Tuesday but said he would come back with a verdict on a later date after reviewing the evidence.

Malone told the judge during his testimony that text conversation started between the victim's father and Malone almost five years ago. Malone said the conversation initiated when the victim's father invited him for some drinks over at their home near Huntington.

After the drinks, Malone said the victim's father then asked if Malone wanted to lose his virginity to the victim's mother. The duo watched a video after which the victim's mother, father, and Malone had intercourse.

Malone said prior to the having sex with the victim's wife, the father took several pictures as a form of blackmail.

Defense attorney John Tatum asked Malone, " At the time of the picture was taken, did you think that there would be consequences?" 

Malone replied, “No, I didn't know to the extent of it. I knew it was bad (to have intercourse in such way) but I ignored my gut instinct."

Not too long after the incident, Malone said he found out the victim's mother got a new phone and had passed the old phone to the victim. At the point the victim and Malone started texting and Malone received a nude image of the girl.

Malone said he realized the severity of the consequences when he received a text saying he could go to prison for at least 20 years and when he received the pictures, he didn't know who was sending him the messages, whether it was the victim, or the victim's mother or father.

At the time of the incident, Malone told White he was working at Burke and frequently visited the center for his disability. He said he found out that he has ADHD, Tourette's disorder, narcolepsy, bipolar disorder, and Asperger's syndrome.

In February 2016, deputies with the Angelina County Sheriff's Office arrested Malone on a third-degree charge of child porn for having nude images of a teenaged girl.

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