Couple Sues After Bathtime Photos Of Kids Lead To Investigation

An Arizona couple accused of sexual abuse after trying to have bath-time photos of their children developed at Walmart are suing the state and the retail giant.

A lawyer for Lisa and Anthony "A.J." Demaree says the couple's three young daughters were taken away by Arizona Child Protective Services last fall when a Walmart employee found partially nude pictures of the girls on a camera memory stick taken to the store for processing.

The attorney says Walmart turned the photos over to police and the Demarees were not allowed to see their children for several days and didn't regain custody for a month while the state investigated.

Neither parent was charged with sexual abuse and they regained custody of their children, but the Demarees say the incident inflicted lasting harm.

The Demarees are seeking an undetermined amount of monetary damages from both Walmart and the state, and they have requested a jury trial.


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  • by Nathan Location: Eastern NC on Oct 3, 2009 at 09:03 PM
    Two commenters are claiming to have seen the pictures in question. As they were not posted here, most of us have not seen them, so accusing us of not having common sense does not fit. And perverts ruined this country? That's kind of a leap. Crimes get committed enough, a law goes on the books. Crimes go up in numbers, people take precautions. It's not a simple process. In the '50s, kids had almost no rights, it was considered OK to beat the hell out of a kid for whatever reason. These crimes came out, and now kids are more protected. Now every week you hear about people abusing kids. The law reacts accordingly. Should it not? Should people not err on the side of caution? How is that common sense? And @Momof3 are you taking pictures of hair or something else? Kneel by the tub and take a waist-up picture. What would be wrong with that? Or use a digital camera, but don't show them to others, that includes the photo lab. That's really the issue.
  • by Anonymous on Oct 2, 2009 at 02:35 PM
    When I saw the pictures I laughed. Very cute. What ever happened to commen sense? What kind of mind (or lack of) saw something heinous in this picture? It was cute little kids WRAPPED UP in towels. Some people SHOULD NEVER BE PUT IN ANY KIND OF AUTHORITY MAKING DECISIONS. I think this is the case with this bunch of brain surgeons. The crime here was stupidity and bad judgement. To bad there is not a law against that.
  • by Anonymous on Oct 1, 2009 at 10:55 PM
    MUST HAVE BEEN SOME SMALL TOWELS...lol
  • by Wow Location: Greenville on Oct 1, 2009 at 10:01 AM
    Nathan, you must not have kids yet. Parents are breaking the law if they take pictures of their kids in their birthday suits? What nonsense! The kids had towels wrapped around them and just because some of their private parts was showing they were reported. They were happy smiling kids looking like they were having a lot of fun. I think someone should be able to distinguish pictures taken for child porn vs. some innocent bathtime. Like Momof3, there's a great lack of common sense nowadays! This family should sue for all they can get for what they were put through!! See what the perverts and child molesters have done to this country?
  • by Anonymous on Sep 28, 2009 at 11:16 PM
    Momof3 and others, you don't think babies are ever abused? I have taken pictures of my kids in the bath but you can't see their privates. Was this the case here? And how do you think the state should tell the difference from an innocent picture of a nude child and a picture of a chid being sexually abused. Maybe some of you that know so much should lend your ESP powers to the FBI. There are kids, teens and yes infants that are being sexually abused by parents that are thought to be "unstanding parents" everyday. Get a grip.
  • by Momof3 Location: Greenville on Sep 28, 2009 at 12:30 PM
    Picture of YOUNG children taken in the tub are done, most of the time, with love and to document fun things they do as a child. My son likes to make a Mohawk with his hair in the tub and LOVES us to take pictures of such. Common sense can't be taught, and though it seems apparent that the associate at Walmart didn't exercise much, based solely off this article, ultimately what happened was up to the state. If the state overstepped then they should be responsible, as for the associate, I haven't seen the pictures and will not assume they did anything wrong. As for Nathan- if you claim you have to call for ANY child nudity a one day old naked baby counts too. Common sense....is there any left in America???
  • by Anonymous on Sep 28, 2009 at 06:52 AM
    Most of the time, things like this come down to somebody being oversensitive. Police and Social Services HAVE to investigate accusations like this, but the accusation doesn't have to be made. I know of someone who was accused of sexual abuse because his sister-in-law hated him. The case was eventually thrown out, but his life is still ruined. I have a daughter and if I want to develop pictures of her during bath time (a very funny moment for her!) I will do it. Obviously, I would leave out certain areas. Still, these parents went through heartache having their children removed from them and will have to endure a stigma over their heads for as long as they live in the area. They deserve compensation. It is sad though that CPS takes kids away from decent parents yet leaves them in abusive homes to be killed, citing "lack of evidence". It's a sad irony.
  • by hope Location: NC on Sep 28, 2009 at 05:22 AM
    Wish Child Protective Services had take the kid away from the parents who were starving her recently. CPS was involved many times & should have been aware of the conditions the child was living in. Instead her 28 year old brother hung her. Why is it the system turns a blind eye in situations like this?
  • by Anonymous on Sep 28, 2009 at 01:57 AM
    Isn't it funny how, because this turned out not to be a case of child abuse, most of you are coming down on Walmart. If it hadn't been reported as it was and later discovered that these children were being sexually abused, Walmart knew and did nothing, all of you would be out for Walmarts throat. Can't have it both ways. You cry for tougher laws and when it happens you complain that the law is going too far. Geez make up your little minds. Just like people that cry for harder airport security to elimate terrorist activity and then throw a fit when they are detained for inspection.
  • by Nathan Location: Eastern NC on Sep 26, 2009 at 07:12 PM
    @Read this: I never got any such pictures to process, so I never had to make the choice to call or let it go. A day-old infant? No, I would not have called. School-age children? Yes, in a heartbeat. And probably would have said or did something stupid and got fired. And actually bestiality and child porn are both illegal in the United States, so no it is not "just policy". Besides, it is the local FBI office we were to call. Not some secret police operating outside the law. Federal agents, nothing more nothing less. Take off the tinfoil hat and consider that these laws simply exist to protect children from abuse. They weren't always on the books because they didn't have to be, until the last 50 years or so. Child abuse has gotten out of hand, and while the laws might step too far, they're necessary. And J is right, there is a certain age. I mean, if the pictures are so innocent, why not grab a towel and cover the kid there? What is the subject of the photo again? The kid, or...?
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