Child porn complaint

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

MIDLAND-ODESSA DIVISION

UNITED STATES OF AMERICA

VS.

RICHARD ELLSWORTH MCLAUGHLIN

AFFIDAVIT IN SUPPORT OF COMPLAINT

I, David M. Sutherland, a Special Agent with the Federal Bureau of Investigation, declare and state:

1. This affidavit sets forth probable cause to believe that on August 5, 2008, in the Western District of Texas, Richard Ellsworth McLaughlin intentionally and knowingly possessed a Maxell CD-R that contained depictions of minors engaged in sexually explicit conduct, the production of which involved: (1) the use of minors engaging in sexually explicit conduct; and (2) the use of materials that had been shipped and transported in interstate and foreign commerce, all in violation of 18 U.S.C. § 2252(a)(4). The following information has been developed by agents of the FBI working jointly with Winkler County authorities. Not every relevant fact known to me is included in this affidavit. Rather, I have only endeavored to set forth sufficient facts to establish probable cause that a federal offense has been committed.

3. On August 5, 2008, United States Magistrate L. Stuart Platt authorized a federal search warrant for the residence of Richard Ellsworth McLaughlin, 900 E. Midland, Kermit, Texas. The warrant was executed by the FBI that same day. A large amount of media, digital and otherwise, was seized.

4. On August 7, 2008 I conducted a review of a Maxell brand Compact Discs Recordable, commonly referred to as "CD-R," seized as evidence on August 5, 2008, from the residence of Richard Ellsworth McLaughlin, specifically from his master bedroom. The purpose of the review was to determine if evidence of the possession of child pornography was contained within the CD-R. The CD-R was labeled as follows:

          "1. 133 part gather KDV RBV 2 16 yo boys (illegible)

           2. Yamad boy preteen boys KDV series ASCNI

           3. Russian Flowers Boys in Swimhall

           4. 8 Simon cute 12 yo preteen boy (illegible) porn"

5. The CD-R was reviewed by me using a FBI approved write-blocker program on a stand alone computer without any internet access to ensure that no data was added or removed from the CD-R.

6. The CD-R contained four MPEG video files. These files were reviewed and described as follows:

a. The first file is titled: "(133) Part-gather-KDV (Rbv 27) Two 16yo boys fuck 13yo (DUP)". It contained a video depicting two white males engaged in sexual activity including oral sex and masturbation. These two males are later joined by a third white male. The two males appeared to be in their mid to late teens. The third male appeared to be preteen or early teens. The video file is 24 minutes and 13 seconds in length.

b. The second file is titled: "(Young Gays) KDV-Russian Flowers-boys in swimmhall". It contained a video depicting six white males removing their clothing. The video then focuses on two preteen to early teen males engaged in sexual activity including oral sex, anal sex and masturbation. The video file is 15 minutes and 4 seconds in length. The text "Tel:(00)7-901-759-92-61" and "Blue Orchid - 2000" appeared in the video.

c. The third file is titled: "(yamad boy) Preteen boys and man KDV series Dscn1 - Kid, boy". The file contained a video depicting three white males engaged in sexual activity including oral sex and masturbation. Two of the males appeared to be preteen to early teen males with an older more developed male. The video file is 29 minutes and 8 seconds in length. The date "20 7 1996" appeared in the video.

d. The fourth file is titled: "8 Simon Cute 12yo Preteen looks at Porn Naked Close". The file contained a video depicting a single white male engaged in manipulation of his rectum and genitals on a bed. The male appeared to be a preteen male. The video file is 22 seconds in length. The text "www.boyz2moives.com" appeared in the video.

7. According to the company's website, Maxell is a subsidiary of Hitachi, a company based in Osaka, Japan. The website indicates its products have been manufactured through the years in Japan, Georgia, California, and in the Republic of Mexico. There are no indications that Maxell has maintained any manufacturing in Texas. I also spoke to a representative of Maxell this afternoon via phone, and he informed me to his knowledge that Maxell does not manufacture CD-Rs in Texas.

I hereby declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.

                                                                                            Special Agent David Sutherland

                                                                                            FBI

SIGNED and SUBSCRIBED before me this 7th day of August, 2008.

                                                                                            THE HON. L. STUART PLATT

                                                                                            United States Magistrate Judge