The youngest of the three suspected penny loafer perverts has now had the charges against him dropped.
Child porn charges were dismissed after a judge ruled that the suspect, Charles Emery, 82, lacks the capacity to understand the proceedings and assist in his own defense.
Charles was moved to the hospital with mental problems in August of this year.
After an examination, it was found he was unlikely to become competent within a reasonable time to stand trial.
Charles, pictured here in both photos, stared blankly ahead at his last court hearing. After a mental evaluation he has now been found to be unfit to stand trial with charges dropped
Police searched the Emery brothers’ home where they discovered an immense collection of child pornography, girls’ clothing and disturbing writings about raping and murdering children
Charles was arrested at a Seattle nursing home (pictured) where he had been living for less than a month
He was diagnosed with dementia earlier this year, and court documents say he is ‘suffering from a severe and persistent mental illness,’ and is often confused or disoriented and experiences hallucinations.
Now that charges have been dismissed against Charles, the process now will begin to civilly commit him.
His two other brothers, Edwin, 78 and Thomas, 80, still face charges of two counts of possessing child pornography.
The trio have been in custody since detectives raided the home they shared in the Meridian area of Seattle on August 9 and discovered mountains of child porn and children’s clothing along with descriptions and pictures of child rape and sacrificial killings.
All three brothers were charged, with Thomas pleading not guilty while Charles was referred to a hospital for a mental evaluation.
Charles Emery (left) 82, who has been found to be suffering from severe dementia is pictured here. His brother Thomas (right) 80, appeared in court in August
Thomas is pictured here. He was remanded in custody. All three brothers were being held on $500,000 bail
‘As a result of his dementia, Mr. Emery needs assistance with several activities of daily living,’ his lawyer wrote. ‘He needs prompting for dressing and personal hygiene grooming, bathing and oral care, as well as assistance with basic communication as he often repeats himself.
‘Mr. Emery suffers from memory loss. He has reported his truck was stolen over 14 times, despite the fact that he sold the truck himself.
Police said the three brothers had sexually abused female relatives and that the abuse stretched back to when the brothers were young boys.
Court records say that Charles once worked as a janitor at Seattle Children’s Hospital and ‘his history of violence may include up to murder and appears to have included sexual violence bestowed on female children.’
According to KOMO, staff at Western State Hospital say Charles sometimes spoke about children and once said he ‘used explosives on children because they got in the way, they brought it on themselves.’
‘It’s very clear that these three individuals have an obsession with young female children,’ Capt. Mike Edwards of federal Internet Crimes Against Children task force told reporters in August.
‘They’ve had this obsession for most if not all of their lives and in some cases acted out on that obsession against family members.’
The three surviving Emery brothers were turned in by a 49-year-old niece who had been appointed guardian of Charles in July.
When she started rummaging through his property she found mountains of disturbing photographs and children’s clothes and reported it to police.
A hand-written manifesto detailing ‘ritualistic and satanic sacrifices’ of young girls was also discovered, along with descriptions of how the girls should always wear penny loafers before their murders
She said, she, her mother, and her daughter had all been molested by at least two of the brothers over the years. The abuse against her mother was so bad as a child that she had to leave the family home and was fostered out.
When cops raided their home they found a huge trove of material including pictures of child rape and murder and an extensive collection of children’s clothes including dozens of pairs of penny loafer shoes.
The brothers’ niece lives 100 miles from Seattle. Her husband told DailyMail.com she did not want to speak. ‘She is not doing well,’ he said. DailyMail.com is not identifying her as she is an alleged victim of sexual abuse.
Charles, a former janitor at Seattle Children’s Hospital, was arrested at a Seattle nursing home where he had been living for less than a month.
According to Newsweek a detective walked into the Aegis of Queen Anne on Galer facility, took a swab from Charles’s mouth as he slept and then woke him and started questioning him.
The two younger brothers were arrested at their home. They have been held in jail on $500,000 bail ever since.
Among the items discovered in the Seattle house were thousands of ‘images of minor female children both clothed and nude and engaged in sexually explicit conduct and lascivious display,’ according to a criminal complaint filed in court in the city.
Police found several miniature vodka bottles. One of them contained the initials of the brothers’ great-niece with the inscription that her ‘first half ounce of liquor came from this bottle.’
Also discovered were: ‘dozens of pairs of children’s shoes, most of which are penny loafer style shoes with pennies inserted in the front of the shoes; several pairs of minor female children style underwear containing stains and indicia of use; children’s socks; dozens of books and articles related to child homicide, child sexual assault, and missing and murdered female child victims to include both local and national cases,’ according to the complaint.
‘Of note, law enforcement discovered a pink child’s hat partially buried next to a burned handwritten letter (similar to those letters discovered in prior searches in which the sexual abuse and homicide of female children was contained) in a dirt crawl space,’ the complaint states.
The niece told police that when she was a child, Charles made her dress in penny loafer shoes and socks similar to those found in the house before the abuse.
The niece told cops she had burned some of the material before she realized just how awful it was.
But on August 9 she took ‘several large trash bags’ full of child porn and clothing to the cops. The images were so disturbing that Seattle Detective Daniel Conine would only describe two of them in detail in the complaint.
One of them, Conine said, was a full-frontal picture of a girl estimated to be between 8 and 10, wearing only pink and orange hairpins, with an electric drill in her hands.
‘The image is designed to look like the cover of a magazine, and the word ‘Builders’ is headlined at the top of the photos,’ wrote Conine. The words ‘Put yourself in the hands of these absolutely astonishing and gifted builders. These tireless workers will build a castle of joy for you,’ are printed along the photograph.
The second picture of a naked girl appeared to come from a now-defunct website called ‘vestalgirls.com’.
In a statement to DailyMail.com, Lindsey Baum’s cousin Jasmine Pierpoint said: ‘As this Emery brothers case is revealed, we find the thought of it horrific and unimaginable. It seems that as this case unfolds, that it will lead to answers for someone, if not for us regarding Lindsey.
‘It shouldn’t take a horrific scenario such as with the Emery brothers to bring the cases of all Missing Persons to light. We need to remind people that this sort of thing is real and it does happen and can touch.
‘We certainly hope that we find our answers and our truths about what happened to our Lindsey, be it with this case or another.’