PANAMA CITY-- A local woman accused of child sex charges has lost an appeal to suppress some of the evidence against her and her boyfriend.
The First District Court of Appeal overturned Circuit Judge Elijah Smiley's ruling suppressing cell phone images of 23 year olds Kayla Nichole Fosmire and Nicholas Evans having sex with each other, with their two year old daughter on the bed with them.
Panama City police showed up at the couple's home in response to a domestic violence call in 2012.
They seized three cell phones, but waited to get a warrant before searching them.
They say they found what appeared to be child pornography on one of the devices.
Fosmire's defense attorney filed a motion to suppress, saying the images were discovered in an illegal search despite Fosmire signing a note specifically saying she had given officers permission to search.
Tuesday's ruling clears the way for Formire and Evans to be tried.
Both ar facing a variety of charges from child abuse to promoting the sexual performance of a child.