Kermit man held without bond

MIDLAND A U.S. magistrate has ordered the publisher of the Winkler County News to be held without bond on a charge of possession of child pornography until the man can go before a grand jury, possibly by the end of the month.

U.S. Magistrate L. Stuart Platt filed an order Thursday in U.S. District Court calling for Richard "Rick" Ellsworth McLaughlin to be held without bond because "there is clear and convincing evidence that the defendant is a danger to the community."

McLaughlin, a former Odessa American reporter, was arrested on a federal arrest warrant Aug. 7 outside his home in Kermit.

The 61-year-old went before Platt on Wednesday in a bond hearing, but when Platt adjourned the hearing he said he needed more time to consider whether or not to allow bond.

Assistant U.S. attorney John Klassen said the prosecution had asked for McLaughlin to be held without bond due to the nature of the charges. The court order came as no surprise to prosecutors, he said.

"We're very pleased," Klassen said. "That's what we asked for."

Klassen said it's likely McLaughlin will soon go before a grand jury, which would decide whether to indict him. He said he expects the case to be "wrapped up by early 2009 ... or sooner."

According to a court order filed by Platt, the court found "no condition or combination of conditions which would reasonably assure the safety of the community and any other person, taking into account all the available information presented to the court."

The order continues to say McLaughlin is a "danger to the community" but evidence didn't conclude him as a "flight risk." However, despite not being a flight risk, being a "danger to the community" is enough to withhold the bond, the court said.

Findings related to McLaughlin's detention are also detailed in the court order, listing points such as McLaughlin's criminal history being confusing and "unusual and bizarre events involving the defendant."

The order states that a national computer database lists McLaughlin as being charged and convicted of the commission of a lewd act upon a child under age 14 in 1971 when he was 24 and having served one year in prison followed by a three-year term of probation.

But, the South Carolina Department of Probation, Parole and Pardons lists McLaughlin as being convicted of "an offense of contributing to the delinquency of a minor" and later pardoned.

"It is unclear if these are two separate charges in which one was pardoned and the other was not or if somehow the commission of a lewd act upon a child under 14 was recharged as a lesser included offense," according to the order.

In another instance, as the order states, Kermit police found McLaughlin in his office during a burglary investigation "sitting at his desk in front of a computer personally gratifying himself sexually."

"There is no direct evidence to indicate that he was watching child pornography at the time. However, the nature of such an embarrassing and risky type of conduct at an office would indicate the defendant is willing to take substantial risk to act out upon his pursuit of sexual gratifications," according to the court order.

Efforts to reach Platt and McLaughlin's attorney, Richard Alvarado, were not successful Friday.  

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