Sentencing postponed for Andre Curry, Chicago dad convicted of battery for binding girl with tape, posting photo to Facebook

November 29, 2012 (CHICAGO)

Twenty-two-year old Andre Curry was convicted after posting pictures of his young daughter bound with tape on his Facebook page.

Curry said nothing as he left court Thursday morning. He got in trouble for using painters tape to bind the ankles and wrists and cover the mouth of his then-22-month-old daughter before putting the photo on his Facebook page.

"It is hard to grasp that someone can be charged with abuse without abuse," said Brandi Phillips, Curry's mother.

Thursday's sentencing hearing was delayed because of a defense motion for a new trial.

Lawyers for Curry say their client didn't commit the felonies because there was never any intent to do harm.

"Every witness that came forward said he never intended this," said Curry's attorney Sam Adam Jr. "This wasn't strangulation. They were playing. The child was laughing. He was laughing. It was a stupid idea to take a picture."

Dressed in a white sweater and tan slacks, Curry appeared in court before Judge Lawrence Flood, the same judge who found Curry guilty of aggravated domestic battery and aggravated battery earlier this month in connection with the December 13, 2011, incident.

Curry was acquitted of unlawful restraint but now faces a mandatory 60 days in jail and a sentence ranging from probation to seven years in prison.

Prosecutors say Curry broke the law when he obstructed the toddler's breathing. At the time, investigators found no visible injuries.

"To compare this -- a father being silly with his daughter, something that was certainly stupid to take a picture of, it was playing around -- and denigrates real victims of violence," said Adam.

Since his arrest and conviction, relatives say Curry has lost his job and rarely sees his little girl, with whom he only has supervised visits.

Still, Brandi Phillips hopes for justice.

"In the midst of everything that's going on, the only injustice is that that baby doesn't have her father," Phillips said.

Curry remains out on bond. His sentencing has been rescheduled for December 31.

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