| Probable cause affidavit: |
SUBMITTED BY: LIOTTA, KATHLEEN 0417 (AR08106317) DID KNOWINGLY AND UNLAWFULLY PROVIDE OBSCENE/ HARMFUL MATERIAL TO TWO MINOR CHILDREN: VICTIM ONE, AGE 11, AND VICTIM TWO , AGE 14, TO WIT: ADULT PORNOGRAPHIC MAGAZINES AND TWO SEX TOYS, IN VIOLATION OF FLORIDA STATE STATUTE 847.0133; did intentionally, being a person eighteen years of age or older, masturbate or expose HIS genitals in a lewd or lascivious manner or commit any other sexual act not involving actual physical or sexual contact with THE JUVENILE FEMALE, a person less than sixteen years of age, to-wit: OPENING THE DOOR OF HIS RESIDENCE, EXPOSING HIS GENITAL AREA TO THE 11 YEAR OLD VICTIM AFTER HAVING ACKNOWLEDGED HER PRESENCE OUTSIDE HIS BATHROOM WINDOW AND NEGLECTING TO PUT CLOTHING ON PRIOR TO OPENING THE DOOR, in violation of Florida Statute 800.04(7)(a)(2)(b); did commit an act or series of acts, to-wit: PROVIDED TWO MINOR CHILDREN WITH CIGARETTES, which thereby caused, or tended to cause, or encourage THE VICTIMS, personS under the age of eighteen (18) years, to become delinquentS or dependent childREN or a childREN in need of services, or did contribute thereto, or did by HIS acts(s) induced or endeavored to induce said child to do or perform any act or follow any course of conduct or to live in a manner as would cause or tend to cause said child to become or to remain a dependent or delinquent child or a child in need of services, in violation of Florida Statute 827.04(1)(A); did intentionally, being a person MORE than eighteen years of age, solicit THE FEMALE MINOR CHILD, a person under the age of sixteen years, to commit a lewd or lascivious act, to-wit: PERFORM ORAL SEX ON HIM, in violation of Florida Statutes 800.04(6)(A)(2)(B) ON 082808 THIS AGENCY BECAME INVOLVED IN THE INVESTIGATION INVOLVING THE DEFENDANT PROVIDING CIGARETTES TO MINORS. THROUGH THE COURSE OF THIS INVESTIGATION WITH VICTIM AND WITNESS INTERVIEWS, IT WAS LEARNED THAT this DEFENDANT HAD PROVIDED CIGARETTES TO TWO MINOR FEMALE CHILDREN. THIS HAD APPARENTLY BEGUN OVER THE SUMMER MONTHS OF THIS YEAR AND CONTINUED THROUGH THE DATE OF THIS REPORT (082808). THIS DETECTIVE CONDUCTED SWORN/TAPED INTERVIEWS WITH BOTH VICTIMS. VICTIM ONE IS AN ELEVEN YEAR FEMALE CHILD WHO REPORTED THE FOLLOWING INCIDENTS DURING HER INTERVIEW. SHE PROVIDED INFORMATION THAT SHE HAD RECEIVED CIGARETTES AND UNKNOWN ALCOHOLIC BEVERAGES FROM THIS DEFENDANT. REGARDING THE CIGARETTES, THE VICTIM ADVISED SHE HAD RECEIVED CIGARETTES AN UNKNOWN AMOUNT OF TIMES AND ADMITTED SHE HAD RECEIVED CIGARETTES FROM THE DEFENDANT ON THAT MORNING (090408). THIS DETECTIVE TRANSPORTED THE FEMALE VICTIM TO A LOCATION NEAR HER SCHOOL WHERE SHE HID THE CIGARETTES AND LIGHTER THAT THE DEFENDANT HAD GIVEN HER. DURING HER INTERVIEW, SHE ALSO ADVISED THIS DETECTIVE THE DEFENDANT HAD SHOWN BOTH HER AND VICTIM TWO (A FIFTEEN YEAR OLD) AN ADULT PORNOGRAPHIC MAGAZINE. SHE EXPLAINED THIS PORNOGRAPHIC MAGAZINE WAS KEPT ON THE DEFENDANT'S LIVING ROOM TABLE AND HE HAD PICKED UP THE MAGAZINE AND WAS FLIPPING THROUGH THE PAGES SHOWING EACH OF THE GIRLS DETAILS. VICTIM ONE ALSO ADVISED THAT ON ONE OCCASION OVER THE SUMMER SHE WENT TO THE DEFENDANT'S RESIDENCE TO GET SOME MORE CIGARETTES. SHE KNOCKED ON THE BATHROOM WINDOW AND THE DEFENDANT SPOKE WITH HER THROUGH THE WINDOW AND THEN CAME TO THE DOOR WITH A PACKAGE OF CIGARETTES FOR HER. WHEN THE VICTIM HAD KNOCKED ON THE WINDOW, THE DEFENDANT HAD BEEN TAKING A SHOWER. THE DEFENDANT TOSSED THE CIGARETTE TO VICTIM ONE AND OPENED THE DOOR STANDING BEFORE VICTIM ONE COMPLETELY NAKED. VICTIM ONE ALSO RELAYED TO THIS DETECTIVE HOW THE DEFENDANT HAD WRITTEN HER A LOVE LETTER AND ASKED HER IN THE LETTER IF SHE WOULD PERFORM ORAL SEX ON HIM. THE VICTIM ALSO EXPLAINED THAT THE DEFENDANT HAD ASKED HER VERBALLY TO PERFORM THE SAME DESCRIBED SEX ACT, BUT DENIED THAT SHE EVER DID. VICTIM ONE FURTHER DESCRIBED ONE INCIDENT WHERE WHILE SHE WAS AT HIS RESIDENCE THE SUSPECT HAD BROUGHT HER INTO HIS BEDROOM AND OPENED A CABINET NEAR HIS BED PRODUCING TWO SEX TOYS. WHEN ASKED TO DESCRIBE THE TWO SEX TOYS, THE VICTIM TOLD this DETECTIVE THAT THEY WERE BOY'S PRIVATE PARTS. THE TOLD THIS DETECTIVE THE DEFENDANT NOT ONLY SHOWED THESE ITEMS TO HER, BUT EXPLAINED TO HER WHAT THEIR FUNCTION WAS DURING SEXUAL ACTIVITY. VICTIM ONE ALSO STATED THAT ON ONE OCCASION THE DEFENDANT HAD GRABBED HER AND ATTEMPTED TO PUT HIS HAND DOWN THE FRONT OF HER PANTS. VICTIM ONE TOLD THIS DETECTIVE THE DEFENDANT HAD HIS HAND ON HER STOMACH TRAVELING DOWN TO HER WAIST BAND AND SHE WAS ABLE TO PUSH HIM AWAY. DURING MY INTERVIEW WITH VICTIM TWO, SHE ALSO STATED THAT SHE HAD RECEIVED CIGARETTES FROM THIS DEFENDANT APPROXIMATELY THREE TO FIVE TIMES. ALSO STATED SHE WAS PRESENT WHEN THE DEFENDANT SHOWED BOTH SHE AND VICTIM ONE THE ADULT PORNOGRAPHIC MAGAZINE. SHE DENIED ANY FURTHER CONTACTS WITH THE DEFENDANT. UPON MY CONCLUSION OF VICTIM ONE'S INTERVIEW, I HAD EXPLICITLY TOLD HER TO HAVE NOT CONTACT WITH THIS DEFENDANT, HOWEVER ON 090408, IN THE AFTERNOON, AFTER SCHOOL, THIS DETECTIVE REMAINED IN THE AREA OF THE DEFENDANT'S RESIDENCE. THIS DETECTIVE WAS ABLE TO OBSERVE VICTIM ONE RIDE HER BICYCLE INTO THE DRIVEWAY AREA OF THE DEFENDANT'S RESIDENCE. THIS DETECTIVE WATCHED VICTIM ONE MAKE CONTACT WITH THE DEFENDANT AND WATCHED her RIDE AWAY ON HER BICYCLE A SHORT TIME LATER. UPON MAKING CONTACT WITH VICTIM ONE NEAR THE DEFENDANT'S RESIDENCE, THIS DETECTIVE CAUGHT VICTIM ONE SMOKING A CIGARETTE. VICTIM ONE RELAYED TO THIS DETECTIVE THAT THE DEFENDANT HAD JUST GIVEN HER SOME MORE CIGARETTES. THIS INVESTIGATION HAS BEEN ON HOLD SINCE 090408, AS THE DEFENDANT HAD BEEN OUT OF TOWN. ON 110708 THIS DETECTIVE BECAME AWARE that THE DEFENDANT WAS BACK IN TOWN. THIS DETECTIVE SUBSEQUENTLY OBTAINED A SEARCH WARRANT FOR THE DEFENDANT'S RESIDENCE ON 111408, WHICH WAS EXECUTED ON 111808. UNITS FROM CITRUS COUNTY SHERIFF'S OFFICE ARRIVED AT THE DEFENDANT'S RESIDENCE AND CONTACT WAS MADE WITH HIM AND HE WAS PLACED UNDER ARREST AT 1214 HOURS. MIRANDA WAS READ TO THE DEFENDANT VIA CARD BY THIS DETECTIVE AND THE DEFENDANT AGREED TO SPEAK WITH THIS DETECTIVE ABOUT this INVESTIGATION. DURING THE COURSE OF this INTERVIEW, THE DEFENDANT ADMITTED TO TAKING A SHOWER AND LOOKING OUT THE BATHROOM WINDOW AND RECOGNIZING THE ELEVEN YEAR OLD VICTIM. HE ADVISED ME HE WENT TO THE DOOR AND OPENED IT WITHOUT HAVING ANY CLOTHING ON AND THEN RETRIEVED A PACKAGE OF CIGARETTES FOR VICTIM ONE. HE ADMITTED TO PROVIDING CIGARETTES TO BOTH VICTIMS FOR A PERIOD OF TIME OVER THE SUMMER MONTHS. THE DEFENDANT ALSO ADMITTED TO SOLICITING VICTIM ONE VERBALLY, AND THROUGH WRITTEN CORRESPONDENCE, FOR ORAL SEX. THE DEFENDANT ALSO ADMITTED TO GRABBING VICTIM ONE AND PLACING HIS HAND ON HER STOMACH TOWARD HER WAIST BAND. WHEN QUESTIONED WHAT HIS OBJECTIVE HAD BEEN, HE ADMITTED THAT HE WAS TRYING TO PUT HIS HAND DOWN THE FRONT OF HER PANTS. HE ADMITTED TO SHOWING BOTH VICTIM ONE AND VICTIM TWO THE ADULT PORNOGRAPHIC MAGAZINE. THE DEFENDANT ALSO ADMITTED TO SHOWING VICTIM ONE THE TWO SEX TOYS AS SHE HAD DESCRIBED AND PROVIDING A BOX OF CONDOMS TO HER. WHEN THE DEFENDANT WAS QUESTIONED AS TO WHY HE MADE THESE CHOICES, HE INITIALLY RESPONDED BY SAYING HE DID NOT KNOW WHY, BUT LATER ADMITTED THAT HE HAS A PROBLEM WITH YOUNG PEOPLE. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY BY DEPUTY ANDY COX. THE ITEMS THAT WERE SEIZED VIA SEARCH WARRANT FROM THE DEFENDANT'S RESIDENCE SUBSTANTIATED THE ALLEGATIONS MADE BY BOTH VICTIMS. *NOT-EXEMPT* |
