The child pornography indictment details hundreds of “disturbing” videos found on a man's phone

CHARLESTON, W.Va. (WCHS) — A 21-year-old St. Albans man pleaded not guilty Thursday to a charge of possessing material that visually depicts a minor engaging in sexually explicit conduct.

Leo Antonio Smith Jr. was directly indicted on that charge earlier this month and arraigned on a Capias warrant Thursday. He was taken into custody on Oct. 11 by the U.S. Marshall Fugitive Taskforce and Kanawha County officials.

According to the indictment, investigators found more than 600 pornographic images and videos on his cell phone that showed children, toddlers and adults.

When Smith was taken into custody, officers said they had reason to believe there were other people who had victimized Smith.

Investigators with the Kanawha County Sheriff's Office have reason to believe Smith was involved in other crimes here in Kanawha County where victims or witnesses were reluctant to come forward.

During his hearing, Judge Dave Hardy set Smith's bond at $25,000 cash. If he makes bail, he must remain in home quarantine and is prohibited from accessing any electronic devices.

Because he was directly charged, Smith was initially out of bail, making it a point of discussion during Thursday's hearing.

Kanawha County Assistant Prosecutor Ryanne Ball requested a $50,000 cash-only bond for Smith with the condition that if he posts bond, he remains in home confinement and no bond May have access to electronic devices.

“Although this is a single-count indictment, the description of the images the defendant allegedly possessed is truly disturbing,” Ball said. “I think that warrants a more specific bond in this case.”

Smith's attorney, John Sullivan, argued for bail of $10,000 or $1,000 cash. He said this was Smith's first offense and that police became aware of him and took his phone in May.

“They knew where he was and if they believed he posed any danger to the community, they could and should have arrested him,” Sullivan said. “They knew he posed no threat to the community, so they waited and presented the case directly to the grand jury.”

Although Sullivan disagreed with the stay-at-home provision, he believed the electronic device rule was appropriate.

“If they don't want him to have devices that can access the Internet, I understand that given the nature of the charge, and that would certainly be reasonable and acceptable to Mr. Smith,” Sullivan said.

Smith's trial is scheduled for December 9th.