They called me a child pornographer

As Christmas approached, our lawyer felt that the DFCS investigation into sexual exploitation of a minor was running aground because the agency began airing the possibility of charging us with a lesser crime. Now they wanted to hit us with "endangerment of a child," the result of letting the kids be near an open campfire. The suggestion seemed absurd, given that nearly every weekend of the year, parents across the country go camping with their children and roast marshmallows over an open fire. My wife, our friends and I felt that DFCS was on a fishing expedition, but one with potentially dangerous consequences.

The agency had requested to interview our children at the Childrens Advocacy Center, a safe haven used for questioning children who have been sexually or physically abused, or have witnessed violence. But we resisted because we were not allowed to have a lawyer present and we had heard horror stories from teachers who had witnessed sessions of children being fed leading questions and being directed what to answer by caseworkers. We requested that any interviews be taped. DFCS relented and switched the meeting to the Office of Child Protection.

The change in venue and charge against us was seen by our lawyer as a stand-down. He felt DFCS realized it had a weak case and the interviews were essentially a procedural hoop the caseworker had to jump through to satisfy bureaucratic demands in order to exit the case. I was angry at what appeared to be an absurd game with our lives. But Mills told me I had to get a grip because my anger could undermine our case. Although I heard him, acting accordingly was another matter.

Finally one weekday afternoon, my wife and I, our friends and our kids convened at the Office of Child Protection of DFCS to be interviewed. We had still not been charged with anything and the investigation remained open-ended. When I picked the kids up from school, I explained on the drive back where we were going and why. I struggled because while I wanted them to know everything that was stake, I didn't want to frighten them. They were full of questions. They wanted to know who these people were, why they wanted to talk about our camping trip and what kind of questions they would ask. The questions were the same ones I had myself and yet hearing the children pose them brought back all the absurdity of the situation and my anger quickly surfaced. I blurted out, "I don't know! I don't know! But these people can take you away from us!"

"They can take us away?" one of them asked.

"I don't know!" I yelled. "I don't know anything!" And when I looked in the rearview mirror I could see tears running down their faces as they began to cry.

The Office of Child Protection was housed in a new building, recently relocated from downtown Savannah into a poor neighborhood. Directly across the street was Hitch Village, one of the city's most notorious housing projects in a city that in several recent years has been ranked among the most dangerous metropolitan areas in the country. As we stepped into the elevator -- all dressed in our best, all combed and neat because we knew now how much appearances mattered -- our families suddenly seemed so vulnerable.

The waiting room was neat and sterile and empty except for us. No window. No attendant. No one to tell us what to do or expect. We weren't even sure if we were in the right place. But after a moment we decided to sit in the chairs that lined the walls, a surveillance camera with its wide-angle lens staring down on us. Magnetic strip readers were mounted beside each door along the hallways and from time to time someone would emerge from one door, slide their card through a reader on another and quickly disappear into it. I was struggling to find some calm and balance, but I didn't trust anyone's judgment anymore and was seething at this moment so lacking in logic.

When our caseworker, Patricia Oney, finally appeared, the amorphous bureaucracy that for weeks had haunted us suddenly had a face. That she appeared gentle with the kids and intelligent and caring gave me a small ray of hope. She explained that we would go one at a time, beginning with the kids, and she and our 8-year-old daughter, Sophie, Noah's twin, disappeared into the maze of cubicles hidden behind the card-reading doors. As we were soon to learn ourselves, the interviews were not recorded on video or tape.

Sophie has a keen memory for details and when she returned, and Noah went in, she recounted the questions that had been posed. They ranged from whether she could distinguish between "good touch" and "bad touch" to whether, after the kids went to bed while camping, the fathers made sounds outside the tent that, in the words of my daughter, "sounded like things they shouldn't do."

When our son returned, he didn't want to talk about what happened except to question why he was being asked about good touching and bad touching. One after another the kids went in. Eliza, our 3-year-old, has wispy, bright-blond hair. As she disappeared behind the door, I couldn't help wondering what it was they might ask her and, given what had happened so far, how it might be construed. We sat in the waiting room, trying to occupy the remaining kids while waiting. There was a gravity to the moment that the children were aware of and everyone was mostly quiet. As each of the kids reappeared from their interviews, they seemed relieved.

When my turn came, I followed Oney back to a cubicle where an assistant sat with pad in hand. As we sat down and began to talk, the assistant seemed to take notes. But as it went along, I noticed she hardly wrote anything. Though I was tempted to call her on it because it seemed absurd that this might become the official record, I didn't want to antagonize them and remembered the lawyer's intuition that DFCS was looking for a way out. But I was thinking about how accurately she had noted what the children had said.

Oney's main concern seemed not to be with the photos or with our behavior as parents, but rather if I had any questions about what had happened and about the process as a whole. Although I had nothing but questions, I refrained from asking them. I wanted to put the camping trip in context. Because the police had only sent six photos to DFCS, and not the rest of the roll, Oney had never gotten the full story.

Also, by now, I had seen all of the photos, including the six in question, as the police had allowed Rusty to take them home with him. There were explanations for each one. The photo of a child whose head had been "cut off" was simply one where a child's head fell outside the border. The photo of a child drinking beer was actually one of Rusty's daughter carrying a broken beer bottle she had found and planned to put into her makeshift xylophone.

I began explaining to Oney that by camping, our aim was to take our kids out of their normal routine and to teach them to appreciate not only nature but the luxuries our daily life afforded. As I told her that we dug holes for latrines and covered our traces, Oney, who said she had never been camping, seemed genuinely surprised. When she asked me about the danger of my son drying his wet pants with a stick over an open fire, I explained that when I took the picture, I was no more than a few feet away and he was safe.

As I felt my anger rising, I told her I couldn't believe anybody would find a photograph of a 3-year-old making her way into a lake to skinny-dip titillating. I had wiped my daughter's bottom thousands of times, and for me that photo was nothing more than trying to capture a fond memory. I acknowledged the difficulty and necessity of her job, but explained that for me this was clearly a case of the system gone astray, and I was angry that it had gone as far as it had.

Oney responded by asking for the names of friends, family, employers, teachers and any others she might interview to discern what type of people and parents we were. We decided it was best to call everyone in advance so they would know to expect a call. I watched my wife break down and cry on the phone with one of our children's teachers, ashamed at having to explain why DFCS would be calling.

Janet felt the same way. "I was so embarrassed having to tell [my youngest daughter's] teacher," she wrote. "I was the room mother for the class, did lots of things with all the kids and was very involved at school." "Can you imagine telling your boss, 'I'm being investigated for child pornography and child endangerment?'" Rusty wrote. "This was incredibly embarrassing and increased my fears this would get out beyond our control."

Oney had told me she would be paying a visit to our house. Our lawyer said she could look anywhere -- in our drawers, closets, attic -- without a warrant or without specifically stating what she was looking for. So before she came, we scoured the house top to bottom, looking for anything that might arouse her suspicion or interest.

On the mantel in our living room was a handmade book of photos done by a friend who is a professional photographer. Besides mundane photos of the kids, it contained a few of my wife in the nude when she was several months pregnant with Eliza. We hid it. I scanned the book titles on the shelves, never having thought until now of their having questionable contents. On the refrigerator, we had 1950s-style magnets with humorous sketches of a man holding up a mug and saying, "Beer: Makes you see double and feel single," and another of a man holding up a condom and saying, "I'm just two people short of a minage à trois." They had been given to us years before as a gag gift from a friend. We hid them. We realized we no idea what could be deemed unfit. My wife was born in Haiti and she had a beaded voodoo flag hanging up in our room. I took it down.

Janet and Rusty went through the same nerve-racking process. On the day Oney was to show up at their house, Janet noticed her neighbor's 3-year-old son playing naked on the swing set in their yard. Janet was so paranoid that Oney would show up right then "that I panicked, went to the neighbor, and told her that I was having a visit from DFCS and could she please remove her naked son from my yard. I was upset that I was put in the situation that I had to tell her."

My wife and I decided, given my anger at the situation, it was best that I not be there during our home visit. So I drove around the neighborhood and sat in the car until Oney left. In the end, she didn't even search the house. She told my wife the investigation was closed, that the case against us was unsubstantiated and no further action would be taken. My wife said Oney seemed apologetic but offered no apology. The same scenario was played out at Janet and Rusty's house. Despite the fact that the case was unsubstantiated, a record of the accusation and ensuing investigation will be kept on file for three years -- in case, we were told by our lawyer, other complaints should be filed against us. Our children's records will show the incident until they are 21 years old.

Next page: The problem, I learned, is there are no legal standards to tell lewd and illegal photos from harmless family pictures