A Tarrant County grand jury declined to take action against the Modern Art Museum of Fort Worth or artist Sally Mann in a case of alleged child pornography at the museum, the district attorney鈥檚 office confirmed Tuesday.
But police and the museum still aren鈥檛 commenting on what鈥檚 next for the four photos that were confiscated months ago from Diaries of Home, a temporary exhibition at the museum.
The exhibition opened on Nov. 17 without any major blowback, but Tarrant County Judge Tim O鈥橦are called for an investigation into the images after The Dallas Express described some of the works as 鈥減ornographic.鈥�
"The images of children reported in the media at the Modern Art Museum of Fort Worth are deeply disturbing. Sexual exploitation of a minor, including under the guise of 鈥榓rt,鈥� should never be tolerated,鈥� O鈥橦are posted on X, formerly known as Twitter, on Jan. 8.
鈥淚 have full confidence in law enforcement to thoroughly investigate this matter and take appropriate action. I will always be committed to protecting the most vulnerable members of society, our children."
In a written statement Wednesday, O'Hare said he had no insight on the grand jury proceedings, which are confidential. But he doubled down on his stance that the images are "grossly inappropriate" and said that they have "no place in our society."
"Children must be protected by our institutions," he continued. "These images do the opposite. "
Cultural Lightning Rod
Mann鈥檚 photos have been a cultural lightning rod since she first showed them more than 30 years ago. They depict her children in the nude on the family鈥檚 farm in Virginia. In one, melted Popsicle drips streak down her son鈥檚 torso and genitals. In another, one of her daughters is jumping on a picnic table without any clothes.
Critics praised the work, which has been exhibited across the United States and around the world in Tokyo, Berlin, Sydney and Brussels.
Others have protested her work. Evangelical broadcaster Vic Eliason called for a police investigation of the images in 1991 in Milwaukee, and in 1992, a writer in The New York Times Magazine called her work 鈥�.鈥�
Police and the Milwaukee County district attorney looked into the matter, but declined to take further action. Law enforcement never removed the photos from the Milwaukee Art Museum.
The news comes ahead of a major leadership change at the Modern as its longtime director prepares for retirement. Halona Norton-Westbrook will begin her position as the museum鈥檚 director in July.
Mann and Gagosian, the gallery that represents her, did not return a request for comment.
Gagosian also represents Deana Lawson and Richard Prince. Both artists鈥� work was included in an exhibition titled 鈥淐owboy鈥� at the Amon Carter Museum of American Art, a neighboring museum in Fort Worth鈥檚 cultural district. The exhibition closed March 23.
That show as an effort to push against the stereotypical image of cowboys as white, straight, cisgender men by highlighting work from women, people of color and members of the LGBTQ community.
But the show quietly closed days after it opened, with little explanation beyond a sign that said, 鈥淒arn! This area is closed.鈥� The exhibition reopened, but the museum has never elaborated on what specific content prompted the closure.
UPDATE: This story was updated on Wednesday, March 26 to add comment from Tarrant County Judge Tim O'Hare.
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