at 42.) Aqualung used the email address to create his member account on the board. at 19.) Aqualung became a member of the board on Novemand last accessed the board on March 16, 2012. The warrant affidavit directly targeted the conduct of one member of the board, a "Castle Resident" referred to as "Aqualung," 3 and alleged that this individual "likely displays characteristics common to individuals who advertise, receive, and/or access with intent to view child pornography." ( Id. at 16-19.) It also recited Special Agent Martin's qualifications and the law she asserted as applicable to the facts in the case. ( Id.) For context and background, the affidavit presented common characteristics of individuals who advertise, receive, or access with intent to view child pornography and detailed how evidence of these crimes is commonly located in these individuals' residences and on their computers and other electronic devices. at 21-25.) Membership levels included groups called Administrators, Moderators, Legionaires, and Castle Residents. at 21-22.) Members were divided into membership levels with various privileges and responsibilities. at 19-21.) Content posted on the bulletin board was divided into a total of eight forums and 28 sub-forums. The board was a members-only community created to allow its 44 members to exchange images of children, including child pornography. The affidavit described the composition and operation of the board as follows. This information was derived from two primary sources: undercover logins to the board using credentials supplied by Wencewicz incidental to a search of his residence and analysis and review of a backup copy of the board obtained from law enforcement in the United Kingdom following its seizure from an individual living on the Isle of Jersey. 379-1 at 55.) The warrant affidavit included detailed factual allegations about activity on the bulletin board. Aspey of the United States District Court for the District of Arizona. Martin presented an application for a search warrant and 55-page supporting affidavit to United States Magistrate Judge Mark E.
On September 30, 2013, Federal Bureau of Investigation ("FBI") Special Agent Dawn A. On review, the Court is limited to the information and circumstances within the four corners of the affidavit. ( Id.)ĭefendant's Motion tests the sufficiency of the warrant affidavit. 186.) If convicted, Petersen faces a mandatory minimum sentence of 20 years, with a possibility of up to life, in prison, a term of supervised release of at least five years and up to life, and a possible fine of up to $250,000. § 2252A(g), and conspired to advertise child pornography (Count II), in violation of 18 U.S.C. The Second Superseding Indictment alleges that Petersen engaged in a child exploitation enterprise (Count I), in violation of 18 U.S.C. 405.) Petersen is one of the two remaining Defendants who may proceed to trial. 127-1.) Eleven Defendants, including Wencewicz, have pled guilty. Joshua David Petersen is one of fourteen individuals charged following an investigation into an internet child pornography bulletin board 1 created by the lead Defendant, Paul Wencewicz of Polson, Montana. The United States' Motion will accordingly be denied as moot. Petersen's Motion and request are not well-taken and will be denied. 378), should the Court grant Petersen's request for a Franks hearing. 391.) Also under consideration is the United States' Motion to Allow Expert Testimony via Video, (Doc. 377 at 1-2.) He alleges that material misrepresentations and omissions in the warrant affidavit negate the probable cause to search his residence on which the warrant was based. 376.) Petersen seeks suppression of all evidence and statements obtained following execution of a federal search warrant on his residence on October 2, 2013.
Cain, US DEPART OF JUSTICE.ĭefendant Joshua David Petersen's Motion to Suppress and request for a Franks hearing is now before the Court. Robert Krise, Defendant, represented by John J. Steven Grovo, Defendant, represented by Timothy M. Joshua Petersen, Defendant, represented by Penelope S. Froehling, LAW OFFICE OF ANTONI FROEHLING. Ian Nosek, Defendant, represented by Jesse A. Joseph Purificato, Defendant, represented by Wendy Holton, HOLTON LAW FIRM. John Johnson, Defendant, represented by Eric Ryan Henkel, REEP BELL & LAIRD. Lacny, DATSOPOULOS MacDONALD & LIND.Ĭharles Crosby, Defendant, represented by Dwight J. Jeffrey Woolley, Defendant, represented by Peter F. Tony Bronson, Defendant, represented by Lisa B. Phillip Morris, Defendant, represented by Johnna K. Steve Humiston, Defendant, represented by Megan L. Scott Long, Defendant, represented by Colin M.
Paul Wencewicz, Defendant, represented by Andrew J.