Martin County Sheriff's Office
Matthew Taby could face more than 3,000 years of jail time after a judge denied a motion by his attorney to dismiss his case that charges him with 200 counts of child pornography.
A South Florida man charged with 200 counts of child pornography felonies could be facing more than 3,000 years in jail.
Matthew Taby, from Hobe Sound, was arrested in May after being found with more than 1,000 images and videos of children engaged in sexual activities on an external hard drive, according to WPTV.
Taby's attorney had filed a motion to have the case dismissed, calling the law that attaches a minimum of 10 years of jail time per count unconstitutional, but a judge on Wednesday denied the motion.
"It’s ridiculous, especially given the fact that he never took part in anything. It was in his computer, he was passively looking up things online that he shouldn’t have," Taby’s attorney, Richard Kibbey, told NBC 6 South Florida Thursday. "60 years maximum is still a substantial penalty, but it’s more realistic."
But assistant state attorney Vicki Nichols said each image and video was a separate crime and should be punished as such, WPTV reported.
"We’re allowed to overkill because (Taby) committed a thousand crimes," Nichols said. “He’s the reason he’s facing thousands of years (in jail)."
The decision is now left for the court of appeals and according to Kibbey, could take up to two years if he takes his case to the state supreme court.
The three-judge panel in appellate court would be more likely to make a decision about the constitutionality of the law which has incarcerated Taby for nine months.