Farmington man with child porn charges may be mentally incapacitated
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Kolt Edward Thomas Cain booking photo courtesy of the St. Francois County Sheriff’s Department
Kolt Edward Thomas Cain, 18, of Farmington, was charged on Aug. 18 by the St. Francois County Prosecuting Attorney’s Office with one count of promoting child pornography and three counts of child pornography possession. The case has become complicated by the question of the defendant’s mental capacity and ability to understand the charges filed against him, and the transition into the adult category by virtue of being 18.
The Missouri State Highway Patrol’s Special Victims Unit received a CyberTip in June from the National Center for Missing and Exploited Children stating that a social media/instant messaging service had reported a file of suspected child pornography was uploaded onto their platform on May 29.
Investigators contacted and interviewed Cain in his St. Francois County residence, where electronic devices were located and seized. Cain confessed to online solicitation of other users to obtain child pornography on the internet. During a preview of the devices in Cain’s possession, investigators located three video files with sexually explicit content featuring a child and an adult. An additional similar file was located that had been distributed from Cain’s electronic device.
Cain was taken into custody on a $100,000 cash or surety bond that included special conditions of GPS monitoring installed prior to release; shall not possess a firearm, ammo, or dangerous weapons; shall have no contact with victims and/or witnesses in this case; shall have no contact with anybody under the age of 18; shall have no access to electronic devices capable of access to the internet; defendant shall be confined to residence except school, work, medical and legal appointments, court, or meeting with bond supervisor.
The Honorable Joseph A. Murray presided over the initial appearance. Counsel for the defendant, Attorney Jerrod Mahurin, filed a motion for bond reduction, which is scheduled for hearing on September 9. The motion alleges that Cain has an intellectual disability, a diagnosis that causes sensory issues, and lacks the ability to understand the charges filed against him.
The bond reduction motion also states that there is a current petition that was filed for guardianship and conservatorship regarding the defendant and his care. The guardianship and conservatorship hearing is scheduled for Aug. 26.
Mahurin also filed a separate motion for Cain to undergo a psychiatric evaluation to determine whether the defendant is mentally fit and competent to proceed with legal action. Bond was posted for the defendant, and a confirmation of compliance was filed with the court after Cain was fitted with a GPS monitoring device.
This is a developing story. The Daily Journal will update as information becomes available.
Lisa Brotherton-Barnes is a Daily Journal and Farmington Press staff writer. She can be reached at lbarnes@dailyjournalonline.com.
