Oliver E. Smith, 22, entered an Alford plea to two counts of possession of child pornography.
A defendant who enters an Alford plea admits that the prosecution has enough evidence to convict, without admitting guilt. The court may then impose a sentence as if the defendant had been convicted of the crime.
Smith, who currently remains free on bond, is scheduled to be sentenced in January. He faces up to five years in prison on each count.
During Smith’s plea hearing on Wednesday, Oct. 18 in Fairfax County Circuit Court, Judge Marcus D. Williams told Smith he is to have no unsupervised contact with minors unless an adult is present.
FAIRFAX POLICE ARRESTED Smith March 7, 2005 and charged him with carnal knowledge of a minor.
Police were contacted on March 5 by the Rockingham County Sheriff's Department to assist in investigating a missing juvenile case. Fairfax Police found the missing 14-year-old girl at Smith's residence in the 6600 block of Hazel Lane.
Smith met the girl over the Internet, and he picked her up from her Bridgewater residence and drove her to his house in McLean, according to police.
The juvenile victim has been unavailable to testify for a number of reasons, Assistant Commonwealth's Attorney Michael Ben'Ary said after Smith's plea hearing on Oct. 18.
That charge of carnal knowledge of a child is currently "nolle prossed," which means the case is not being prosecuted at this time but can be in the future.
During the search of Smith's house, police seized two computers, which contained sexually explicit material of children under 18 years old.
Smith admitted to Judge Williams that he is currently on probation for writing bad checks in 2000.