TRUMBULL COUNTY Prosecutors dismiss charge of obscenity

The boy's father is still in trouble.
By PEGGY SINKOVICH
VINDICATOR TRUMBULL STAFF
WARREN -- Prosecutors believe an 11-year-old boy took a picture that landed his parents in jail.
Municipal court prosecutors on Monday dismissed a felony charge of pandering obscenity involving a minor, saying Sandra Harvey did not snap a photograph that shows her husband taking a bath and the couple's fully clothed 2-year-old daughter standing next to the tub.
"The photo was taken by her 11-year-old son, and she [Sandra] didn't even know it was on the roll," said Atty. John Fowler.
The boy has not been charged.
This dismissal means that Sandra Harvey will be allowed to return to her job as a bus driver for Trumbull County Head Start, Fowler said. She had been placed on administrative leave pending the outcome of the case.
Still faces charge
Her husband, Dennis, however, is still facing one count of pandering obscenity involving a minor.
Dennis Harvey, who is free on a $50,000 bond, waived his right to a preliminary hearing Monday. The case will be sent to the Trumbull County grand jury to determine if Dennis Harvey should be indicted on the felony charge.
"I don't think he will be indicted," Fowler said. "There is no obscenity here. There is no evidence of obscenity."
Police declined to comment on the matter because the case is pending.
Dennis Harvey was taking a bath when the two children walked in, and the older one took the picture, Fowler said.
Given to police
Police began investigating Sandra and Dennis Harvey, of 174 Martin Luther King Blvd., earlier this month after employees at the Parkman Road Kmart gave them three pictures from the roll of photos the couple dropped off to be developed.
All three of the pictures showed Dennis Harvey in the bathtub. Only one of the pictures shows the girl.
Shortly after the couple was arrested, the children were turned over to Trumbull County Children Services. The children are still in the care of the county agency, court officials said.
Dennis Harvey's competency may become an issue in the case, court officials said.
The 41-year-old man was involved in programs at Fairhaven, the county's school for the mentally retarded and developmentally disabled, officials say, but he was considered fit enough to hold a driver's license.
sinkovich@vindy.com