Free Redacted Document - District Court of Delaware - Delaware

Case 1 :07-mj—OOO62-l\/I PT Document 3 Filed O4/O3/2007 Page 1 of 4
AO 91 (Rev. 12/93) Criminal Complaint I
· United States District Court A ; g _
DISTRICT OF DELAWARE V » 1 .
UNITED STATES on AMERICA '
V.
EDWARD ROE , W 1 I 5. L "C · . 5* l Q A Criminal Complaint
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I, the undersigned complainant, being duly sworn, state the following is true and correct to the best of my knowledge and belief. On or
about 2005 through March 27, 2007 in New Castle County, in the District of Delaware, defendant committed the offense of knowinglj
receiving, distributing and possessing visual depictions of minors engaging in sexually explicit conduct, in violation of Title 18 United States
Code, Section(s) 2252 and the offense of lcnowinglyreceiving, distributing and possessing child pomography, in violation of Title 18 United
States Code, Section(s) 2252A .
I further state that I am a(n) Special Agent, United States Immigration and Customs Enforcement and that this
OflicialTizle
complaint is based on the following facts:
See attached Affidavit I
Continued on the attached sheet and made a part hereof: Yes h Q
A`}
Signature of Complainant
William O. Horn I
Special Agent, United States Immigration and Customs Enforcement
Sworn to before me and subscribed in my presence, ·
April 3, 2007 at Wilmington, DE l
Date City and State
Honorable Gregory M. Sleet l
United States District Judge -
/ Name & Title of Judicial Officer _ Si re of] icial O cer
[ APH -3 2007
U.S. DISTRICT CDUR
' ________ DISTRICT OF DELAWAIlE

V Case 1:07-mj—OOO62-l\/IPT Document 3 Filed O4/O3/2007 Page 2 of 4
AF FIDAVI'I`
I, William O. Hom, being duly swom, depose and say:
I. I am a Special Agent with the Immigration and Customs Enforcement ("ICE") branch of
the United States Department of Homeland Security, located in Wilmington, Delaware. I have
been employed as a Special Agent since October l, 1997, when I was employed by the
Immigration and Naturalization Service ("INS"). The Investigations branch of INS was
transferred to the United States Department of Homeland Security as ICE in March 2003.
2. Pursuant to 18 U.S.C. § 2251 ez seq., I am authorized to investigate crimes involving the
sexual exploitation of children. Sections 2252 and 2252A make it a federal crime for any person
to knowingly receive, distribute or possess a visual depiction of a minor engaging in sexually
explicit conduct, or to knowingly receive, distribute or possess "chi1d pornography," which has \_g
been mailed or has been shipped or transported in interstate or foreign commerce, or which g_
l contains materials that have been mailed or so shipped or transported, by any means, including by
computer.
\
3. I have received training in the area of child pornography and child exploitation, and have
had the opportunity to observe and review numerous examples of "child pomography" (as defined
in 18 U.S.C. § 2256) in all forms of media, including computer media. I have received training
from ICE regarding child pornography, the sexual abuse of children, the behavior of preferential
child molesters, and how to conduct investigations of child sexual exploitation and obscenity. I
A i have also participated in a number of investigations of persons suspected of violating federal child
E pornography laws, including Title 18 U.S.C. §§ 2251, 2252 and 2252A. Those investigations have
A related to persons who were i-nvolved in the distribution, receipt and possession of child
pornography.
4. On August 5, 2005, a Federal Search Warrant (Number 05-SW-219) was issued by the
Honorable Sandra M. Snyder, U.S. Magistrate Judge for the Eastem District of Califomia,
authorizing the search of the America Online stored e-mail account of ;@,aol.com (among
others). The search warrant was served upon America Online on August 5, 2005, via Federal
Express. America Online conrplied with the warrant and provided ICE Agents with computer
compact discs (CDs) containing stored e—mail contents for the account of .
Additionally, pursuant to the search warrant, America Online provided information showing that
the AOL subscriber of screen name was Edward Roe, with a listed address of
Q Newark, DE 19702.
5. Review of the stored contents of the account 0 revealed multiple images
meeting the statutory definition of child pornography, which were attached to e—mails sent to the
address. Specifically, the images depicted prepubescent females engaging in _
sexua acts with adult males, a video recording depicting a prepubescent female engaging in a
sexual act with an adult female and a prepubescent male engaging in a sexual act with a teen-aged
male.

Case 1:07-mj—OOO62-l\/IPT Document 3 Filed O4/O3/2007 Page 3 of 4
6. Additionally, on or about March 7, 2007, ICE Special Agent William Shields began
- communicating with Detective Chris Shanahan of the New Castle County Police Department,
regarding Detective Shanahan’s separate investigation of an individual using the e-mail address
`· A _P Detective Shanahan advises that he has been in communication with and has
read the police reports of Detective Demris Pratl, of the Orland Park Police Department, in Orland
Park, Illinois. Detective Pratl reported that as part of a child pornography investigation, he
executed a search warrant in Orland Park, Illinois, on December 17, 2006, at the home of an
Orland Park resident. The search of a computer seized from that Orland Park residence disclosed,
after forensic examination, two e—mails, dated and received December 7 and 10, 2006, from
both e—mails having attachments which are images of child pornography. The
Orland Park Police Department also determined, through information provided by America
Online, that the l.com c-mail address was registered to Edward Roe at *
-, Newark, DE 19702. Detective Pratl contacted Detective Shanahan in Delaware and
forwarded to him the above referenced two e—mails and child pornography attachments. Detective
Shanahan advised your aftiant that he viewed both e-mails and their attachments. Detective
Shanahan advised that the attachments are both images of females approximating the age 9-12.
The image transmitted on December 7, 2006, depicts the young girl in the lascivious exhibition of
the genitals and pubic area. Detective Shanahan advises that the image transmitted December 10,
2006, depicts the young girl in a sex act with two adult men.
7. On March 27, 2007, ICE agents executed a Search Warrant issued by the United States
District Court, District of Delaware at the residence of Edward Roe, located at Q
Newark, DE 19702. After being advised of his Miranda rights during the execution of the
warrant, Mr. Roe stated that he lives in the home with his wife and other family members.
·. P 8. Pursuant to the terms of the Search Warrant, ICE Agents seized five personal computers
i _ and related peripherals and computer media from residence. Four of those
ii computers, two of which were operational at the time, were seized from Mr. Roe’s bedroom. Both
Mr. Roe and his wife stated that Mr. Roe sleeps in this bedroom alone. Mr. Roe also stated that
with regard to one of the two computers that was operational, a Compaq Presario Model SR
1230NX desktop computer, no other member of his household used the computer other than
himself. He explained that this computer was password protected, which enabled him to be the
only resident who could utilize the computer. Mr. Roe stated that the other family members who
lived in the residence used a computer located in the living room when they wished to access a
computer.
9. Mr. Roe also explained that the America Online e-mail accounts and
belonged to him and that he was the only person in the home who used those
accounts. He stated that all other members of the household have their own e-mail accounts. Mr.
Roe also explained that he used the Compaq Presario Model SR 1230NX computer to utilize the e-
mail accounts Qgagaolcom and —(a}aol.com. He said that he had received and
distributed e-mails, using those two e-mail accounts, which contained attached images of child
pomography. Mr. Roe said that when he received images of child pornography, he stored those
images in various folders on the hard drive of the Compaq Presario Model SR 1230NX computer.
10. On April 2, 2007, Detective Shanahan performed a preliminary examination on one of the
computer systems seized from then residence on March 27, 2007 —— the Compaq
C 2

. Case 1:07-mj-00062-l\/IPT Document 3 Filed O4/O3/2007 Page 4 of 4
Presario Model SR1230NX. That analysis was conducted using the FBI’s Image Scan program,
Version 2.1. That analysis revealed the presence of hundreds of notable images of child
,, pornography and of minors engaging in sexually explicit conduct on the hard disk drive of that
‘ computer. Those images all either included depictions of minors engaging in graphic sexual
LQ intercourse with persons of the same or opposite sex, or depictions of graphic or simulated
lascivious exhibition of the genitals or pubic area of minors. The minors depicted in these images
appear to range in age from as young as two years old to age 15 or 16. The other computer
systems seized on March 27, 2007, aside from the Compaq Presario Model SR 1230NX, are
pending analysis.
WI-IEREPORE, your affiant avers that there is probable cause to believe that Edward Roe
knowingly received, distributed and possessed visual depictions of minors engaging in sexually
explicit conduct and child pornography, in violation of 18 U.S.C. §§ ;52 and 2252A.
illiam O. Horn
Special Agent
U.S. Immigration & Customs Enforcement
SUBSCRIBED AND SXVORN TO
BE1V)§E ME THIS 3 DAY
. or a-] ,2007.
£;NO&éLE GYREGORQ M. SLEE
UNITED STATES DISTRICT JUDGE