He was initially arrested and charged with 10 counts of sexual exploitation of a minor in July after photos of a young, nude girl were found on his phone and computer.
Prosecutors asked a 3rd District Court judge to dismiss all charges last week after saying information provided by the defense revealed that Badiu, who is from Romania, holds a different cultural understanding about images of children. Judge Richard Mrazik granted the request.
“You can imagine that, anytime you're accused of something like this, people don't necessarily wait to see the end result before they make a judgment call,” Cliff Venable, Badiu’s public defender told KPCW afterward. “I’m thankful that the Summit County Attorney's Office made the decision that they did.”
The photos were of Badiu’s daughter. Venable explained there’s a difference in how nudity is perceived in the U.S. versus in Romania.
Badiu, who was formerly employed as a tennis instructor for Solamere in Deer Valley and in Florida, did not understand the photos could be construed as pornographic.
He told investigators over the summer he’d sent them to his family back in Romania.
As Badiu’s brother explained in a letter written to 3rd District Court, his family had never met the girl, who was photographed between the ages of zero and three. Badiu’s brother believes he took and sent the photos to “share the joy of raising a child.”
Some of Badiu’s neighbors and former clients wrote letters in support as well.
During the prosecution, Badiu was prohibited from meeting or speaking with his daughter. He lost his jobs in Utah and Florida.
He was initially held without bail then released with an ankle monitor. Mrazik removed those restrictions Nov. 8 and ordered Badiu’s passport be returned.
Before charges were dismissed, Badiu also completed a psychosexual exam, which tested whether he was aroused by pedophilic material.
Summit County Attorney Margaret Olson said in a statement that “[satisfied] the state that he was not a danger to his daughter or to children in general.”
“This prosecution, given the evidentiary hurdles the state feels that would have to overcome, is not in the interest of justice,” Prosecutor Joe Hill told the judge Nov. 8.
The images were found on Badiu’s phone because it was seized during the course of a separate investigation into an alleged sexual assault. Badiu was not charged with any other crime.
