GREEN COVE SPRINGS, Florida -- In an attempt to get the case thrown out, the lawyer for the mom accused of taking the infamous baby bong photo claimed the device wasn't really a bong after all.
Original story: Baby bong picture on Facebook leads to mom's arrest
In a motion to dismiss, lawyer Steven Whittington wrote "no bong was ever seized, or even seen by law enforcement...No evidence exists that the device was, in fact, a bong."
Whittington represents Rachel Stieringer, the 19-year-old Keystone Heights mom accused of a misdemeanor count of possessing drug paraphernalia.
Our partner station in Jacksonville obtained the latest documents in the case, which show that motion to dismiss was denied.
Instead, both sides agreed to refer Stieringer to a diversionary program. Whittington said once she completes the program, the court case will be over.
Whittington said Stieringer didn't want to comment.
Someone tipped off authorities after seeing the picture on Facebook last year. DCF started an investigation and Stieringer was eventually arrested.
In response to the motion to dismiss, prosecutors countered that Stieringer's Facebook name was "rachelxreefer." Prosecutors say Stieringer told investigators the baby found the bong and started playing with it.
Prosecutors say Stieringer admitted the device was a bong.
Stieringer still has her Facebook page active, under her real name. But her Myspace page is still titled "rachelxreefer."
Her story gained international attention last year, with the picture being show on outlets like Sky News of London and Radar Online in the U.S.
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