Army says child pornography charge against Ill. guard soldier not a result of family photos

Army: Family photos not basis for porn charge

CHAMPAIGN, Ill. — A child pornography charge and a related count filed against an Illinois Army National Guard soldier in Afghanistan do not stem from family photos of a young relative, a U.S. Army spokesman told The Associated Press on Tuesday.

But Army spokesman Master Sgt. Thomas Clementson said in an e-mail that he can’t say what the charges against Specialist Billy Miller of Galesburg are based on.

“In this case however, it was important to set the record straight with regards to the photos of the (relative) being portrayed as evidence leading to child pornography charges in this case. They are not,” Clementson wrote.

Miller was charged Jan. 5 with possession of child pornography and with disobeying an order prohibiting U.S. troops in Afghanistan from possessing pornography.

Miller’s family previously said they believed the charges were related to photos they e-mailed him of a 4-year-old relative wearing a swimsuit. On Tuesday, they said they still don’t believe Miller had child pornography on his computer.

“The Army has screwed up; the Army does not want to admit it,” his mother, Terri Miller, said from her home in Galesburg. “I’m not saying there wasn’t adult porn; he’s a 24-year-old man. I don’t believe that Billy downloaded any kiddie porn.”

Billy Miller declined an interview request through his parents, who talk to him regularly through Internet chats. They said his military lawyers have advised him not to talk to reporters.

Miller’s family also has complained that he’s being kept in Afghanistan months after his unit came home rather than being tried in the United States.

Miller was part of the 33rd Infantry Brigade, an Illinois guard unit that sent about 3,000 soldiers to Afghanistan in 2008 and came home late last summer and during the fall. Soldiers with whom Miller served directly returned to Illinois last August.

The Army said it held Miller over and attached him to the 82nd Airborne Division until his case plays out. He’s not jailed.

“They’re keeping him in Afghanistan so they can railroad this poor boy, whether he had porn or not,” said Miller’s father, Rodney Miller.

The Army said Miller remains in Afghanistan because that’s where the investigation is based.

“Since the investigation was initiated in Afghanistan, the command has made a determination that it is in the best interests of the military justice system to allow the (Uniform Code of Military Justice) process to be completed in Afghanistan based on access to evidence,” Maj. Virginia McCabe said in an e-mail.

Miller could face a court martial and, if convicted, up to 10 years in prison. No date has been set for court proceedings.