MCSO: ICAC unit sent 9 unauthorized letters

MOBILE, Ala. (WALA) - Mobile County Sheriff Paul Burch is correcting his previous statements about a FOX10 investigation that uncovered two controversial letters sent out by the ICAC unit.

Burch confirmed nine unauthorized letters were sent out.

EXCLUSIVE: Warning letter sent to someone suspected of uploading child porn

The first letter was a “formal notice and warning” letter sent to someone suspected of uploading child pornography.

During a radio interview last week, Burch said the letter was sent because the statute of limitations expired. But FOX10 News questioned that statement and so did a local attorney.

On Jan. 22, the sheriff said he misspoke.

‘It won’t happen again:’ Sheriff Burch responds to ICAC warning letter

According to Burch, the warning letter was sent out to a 20-year-old suspect that matched the user name and the suspect’s phone number that was provided in a cyber tip. Investigators received information on the suspect along with what they describe as a “poor quality and grainy” video.

It turns out, according to MCSO, the warning letter was sent because investigators couldn’t positively identify the suspect in the video, which was not mentioned in the letter.

ICAC detectives say the suspect was looking at what they consider age-appropriate material, meaning it would be people close to his age that he may have consensual sex with. However, MCSO says the video also included a young boy, which is illegal.

“Well, I misspoke on that,” Burch said. “At first, I wasn’t so sure it was legit, so I called the supervisor. They were being proactive in trying to resolve the case, close the case. Case is already closed. There’s really no further action you can take, but there’s no harm in putting the person on notice that we know what you did, don’t do it again.”

According to MCSO, the definition of child pornography is broad. That’s why a spokesperson for the sheriff’s office says the first letter our investigation uncovered is now being reviewed by a legal counsel.

“Child sexual abuse material or child pornography is birth until you turn 18,” said Sgt. Julie McGuire with the ICAC unit. “So, it’s a very wide range. Just because it says child pornography does not mean it’s a three-year-old. Anytime, if we were to suspect that a young child was being harmed, all bets are off. We’re going to take care of that.”

FOX10 Investigates also uncovered a second letter.

FOX10 Investigates: Second ICAC letter uncovered, sent to parent

This one was a “notification and educational” letter to a parent, letting them know their child was uploading illegal content and the importance of addressing online safety.

The sheriff’s office says while Burch did not originally authorize these letters, they have now made the decision to continue sending them to parents.

Burch says the ICAC unit works tirelessly to keep children safe. MCSO now says any letter sent out by the ICAC unit will be certified mail.

MCSO says any mail sent out by the ICAC unit will now be certified.