United States District Court, N.D. Iowa
ORDER FOR PRETRIAL DETENTION
JON STUART SCOLES, Chief Magistrate Judge.
On the 29th day of October, 2014, this matter came on for hearing on the Government's request to have the Defendant detained pending further proceedings and the Defendant's request for a preliminary hearing. The Government was represented by Assistant United States Attorney Peter E. Deegan, Jr.. The Defendant appeared personally and was represented by his attorney, John D. Jacobsen.
I. RELEVANT FACTS AND PROCEEDINGS
On May 12, 2014, Defendant Kevin Andrew Jauron was charged by Criminal Complaint (docket number 2) with production of child pornography. At the hearing, Sergeant Lance Miller of the Marion Police Department testified regarding the circumstances underlying the instant charge.
On May 9, 2014, Sergeant Miller was contacted by the Marion High School regarding a report that two students told a teacher that they had been solicited to engage in sexual activity by an adult. Miller went to the high school that day and met with "A.R." and "S.M., " both 15-year-old girls. The girls reported that they had been contacted by "Kevin, " who they believed was 34 years old.
Sergeant Miller first spoke separately with S.M., who reported that she believed A.R. had engaged in sexual activity with Kevin. According to S.M., she had seen two photos of A.R. and Kevin engaged in oral sex. S.M. received the photos from "Shelby Bartling, " who investigators later determined was a fake persona being used by Defendant. The photos were sent using "photobomb, " which causes the photos to disappear after some period of time. Accordingly, when Miller examined S.M.'s phone, he saw the accompanying text, but the photos were replaced by a "photo icon."
S.M. also reported to Sergeant Miller that A.R. admitted having sex with Kevin in exchange for money. S.M. also received text messages from Kevin soliciting sex. S.M. told Kevin, whom she had never met in person, that she was 15 years old. Miller observed text messages on S.M.'s phone involving a three-way conversation between S.M., Kevin, and "Shelby, " discussing sex and the purchase of alcohol.
Sergeant Miller then spoke with A.R., with her parents present. A.R. told Miller that she did not remember having sex with Kevin, but she knew it happened because there were photos. A.R. suggested that she may have been "drugged, " although Miller does not believe that A.R. had been drugged. A.R. denied that she engaged in sex for money. When confronted with a text message suggesting otherwise, she admitted sending the message but said she "didn't go through with it." A.R. told Miller that she sent two photos to "Shelby, " depicting sex acts between her and Kevin. A.R. provided Miller with phone numbers for Kevin and "Shelby." The phone number for Kevin came back as associated with Defendant Kevin Jauron. The phone number for "Shelby" was a "burner phone."
Based on information received from S.M. and A.R., and the phone number connecting Defendant, a state search warrant was obtained for Defendant's residence and person. The search warrant was executed the following day, on May 10. Sergeant Miller testified that the house was being surveilled and when Defendant, his fiance, and their young son left in a vehicle, Miller conducted a vehicle stop. Defendant initially admitted knowing A.R. as a "friend" and said he knew S.M. and "Shelby Bartling" online. At Miller's request, Defendant consented to a search of his phone. Miller found text messages between Defendant and A.R., and found incriminating photos in the photo gallery.
When Sergeant Miller confronted him, Defendant admitted that he had oral sex with A.R. approximately one month earlier. Defendant said he believed A.R. was 16 years old. At that time, Defendant told Miller that A.R. had taken the photographs found on his phone. Defendant admitted that "Shelby Bartling" was a fake persona and said Bartling's phone could be found in his car in his garage.
Defendant was then handcuffed and transported back to his residence in Sergeant Miller's unmarked car. Upon arriving at the residence, Defendant was Mirandized. A search of Defendant's car at his residence disclosed the Bartling phone. Detective Howard downloaded the contents of the phone at the scene, and officers located a photograph of A.R. performing oral sex on an adult male and a second photograph of Defendant performing oral sex on a female. When Miller pointed out that it was obvious A.R. could not have taken the photographs, Defendant admitted that he took the photographs. He also said there may be a 10-second video.
Upon further examination, Sergeant Miller discovered that "Shelby Bartling" had corresponded with "S.W." online. At that time, S.W. was 15 years old and "Shelby" was identified as a 17-year-old bi-sexual female. "Shelby" asked S.W. to provide nude photographs, and S.W. complied. "Shelby" then asked for more photographs of S.W.'s vaginal area, with her legs spread apart. "Shelby" also asked S.W. about having three-way sex with Kevin.
"Shelby" also sent nude photographs of a minor female to S.W. Upon investigation, Sergeant Miller discovered that the minor female in the photographs was "V.C., " who was 15 years old at the time the photos were taken. V.C. admitted that she had sent nude photographs to "Irma Alec, " who she knew only online. "Irma" identified herself as a minor female. V.C. had never heard of Kevin Jauron. According to Miller, investigators have "linked" "Irma Alec" to Defendant.
Sergeant Miller recently interviewed "K.W., " who was identified from text messages on "Shelby Bartling's" phone as having a sexual relationship with Defendant. K.W., who was 16 at the time, admitting having intercourse with Defendant at his home. According to K.W., Defendant left $500 on the dresser, but she ...