| Probable cause affidavit: |
SUBMITTED BY: LIOTTA, KATHLEEN 0417 (AR09110374) THE DEFENDANT, WHO IS OVER 18 YEARS OF AGE (DATE-OF-BIRTH 021347, A 64-YEAR-OLD MALE), DID UNLAWFULLY AND INTENTIONALLY TOUCH THE VICTIM WHOSE DATE-OF-BIRTH IS 122100, A PERSON UNDER THE AGE OF 12 YEARS OF AGE, IN A LEWD AND LASCIVIOUS MANNER; BREASTS, GENITALS, GENITAL AREA OR BUTTOCKS, OR THE CLOTHING THAT COVERS THEM, OR DID FORCE OR ENTICE THE VICTIM TO TOUCH THE DEFENDANT, IN THAT THE DEFENDANT DID HAVE THE VICTIM TOUCH HIS GENITAL AREA AND THE DEFENDANT DID IN VIOLATION OF FLORIDA STATE STATUTE 800.04(5)(B), TWO COUNTS; AND THE DEFENDANT DID VIOLATE FLORIDA STATE STATUTE NUMBER 800.04(7)(2), LEWD OR LASCIVIOUS EXHIBITION, BY INTENTIONALLY EXPOSING HIS GENITALS IN A LEWD OR LASCIVIOUS MANNER; AND THE DEFENDANT DID VIOLATE FLORIDA STATE STATUTE NUMBER 847.0133 (TWO COUNTS), WHICH STATES IT IS UNLAWFUL FOR ANY PERSON TO KNOWINGLY SELL, RENT, LOAN, GIVE AWAY, DISTRIBUTE, TRANSMIT OR SHOW ANY OBSCENE MATERIAL TO A MINOR. On 080309, the Citrus County Sheriff's Office became involved in the investigation involving a subject who resides in the Homosassa area, who had provided harmful and obscene material to a minor. (defendant robert l. siebe) Additionally, the allegations were reported that the same subject had exposed his penis to the minor, rubbed his penis against her body, solicited and encouraged the minor to touch his penis and fondled the minor's vagina over her clothing. On 080609, affiant conducted a taped interview in which the eight-year-old female victim provided testimony about the above allegations. The victim had initially disclosed to an individual who had then made a report to the Florida Abuse Line. During her interview, the victim described traveling from her home in Hernando County to the defendant's residence in Citrus County. The victim stated that she is familiar with the defendant and knows his name to be Robert Siebe. This victim relayed an incident that took place June, 2009 shortly after she and her sister had gotten out of the family swimming pool. She relayed that this incident took place at the defendant's residence. She stated that the defendant had taken photos of the children in the pool and she wanted to look at them. The victim advised that when she went to ask the defendant to show her the pictures he had just taken, he clicked on some different photos. The victim described how the defendant had shown her three different photos of a woman who was completely nude. The victim was able to provide the following description about the photo: An adult, white female who appeared to be in her forties with short, blond hair, cut in a bob style. She described that the adult female was standing in front of a Christmas tree (green in color), which she advised appeared to be a real tree. She stated that the tree appeared to be taller than the female adult. When the victim was asked to describe what the female in the photo was wearing she said that the female was not wearing any clothing. The victim said that she could see the female's breasts and her vaginal area. The victim stated that in one of the photos the female had a box in her hands, holding it in front of her face. However, in additional photos, the female had moved the box in front of her breasts, showing her face. The victim said that she recognized the female as an acquaintance of the defendant's. The victim further described another incident which also occurred at the defendant's residence. She stated that she was on another computer (which is a black/silver laptop in the defendant's room) and the defendant came in and took over the computer controls. She provided testimony that the defendant went on the You Tube site and pulled up a photo of a white, adult male, shown only from his waist down. She stated in this photo, the male had no clothing on and his penis was exposed. The victim was able to tell me that the computer which she was shown the female photos is kept in the living room area in the defendant's house. She explained that the children are not allowed to use this computer as it belongs to the defendant and he had told them in the past not to use it. she does not have password information to access this computer. The computer which she was shown the photo of the male is located in the defendant's bedroom. She described both computers as being silver in color and both are laptops. She stated that she is allowed to use the computer in the defendant's room as well as one additional desktop computer, which is located in one of the spare bedrooms. She could not provide brand names for any of the computers. The victim disclosed another incident that occurred while she was on the defendant's laptop in his bedroom. She said that she was playing a computer game which allows the player to dress a celebrity. The game is called "Star Doll" according to the victim. She stated that the defendant came in as she was dressing the doll. At that time, the doll had only bra and panties on and so she described how she covered up the computer screen with her hand. She stated that the defendant moved her hand and saw the screen. She advised that he began asking her repeatedly if she had a bra and then told her to go and put her bra on. The victim said that the defendant used a mean voice and she watched him walk into her room. She stated that he pulled one of her bras out of her suitcase and told her to go and put it on. She stated that while she was putting on the bra, she attempted to pull on a shirt over the bra. She advised that the defendant snatched the shirt from her and took her shorts off, leaving her wearing only the bra and panties. She stated that during this incident, the defendant yanked the bra up higher and told her that was how it should be worn. The victim stated that the defendant told her that she looked "sexy". She also stated that he told her to take her panties off and she refused to. She then described how the defendant fondled her vaginal area over her clothing. The victim provided additional information about a final incident that occurred while she was in her room and playing her video game. She said that the defendant had walked in the room in his underwear and a t-shirt. She said that the defendant told her to look over at him. She advised that when she did this, the defendant had his penis partially out of his underwear, exposing it through the slit in the underwear. She provided testimony that the defendant had encouraged her more than one time to touch his penis. The victim stated that she did not do as he had asked and he grabbed her arm and was pulling her toward his body. The victim advised that she slapped his hand and tried to leave. She stated that the defendant came up behind her, with his penis still exposed, and rubbed his penis on her lower back. She recalls him asking her "How does that feel?" She indicated that his hand held the bedroom door shut while he was rubbing his penis on her lower back. She stated that when she reminded him that her sister would be back soon, she was able to get out of the room. The victim did not tell anyone about what had occurred during her weeklong stay at the defendant's residence. She and her sister traveled out of state to visit relatives.the victim returned to florida on 080209. recently, During a conversation with an adult about secrets, the victim disclosed what had occurred to her at the defendant's residence. the victim's eleven-year-old sister was also interviewed. This witness recalls the defendant taking several photos of the victim (clothed) using a backdrop like one would see at a studio. This witness denies that any photos of her were taken of her using the backdrop. This witness had also been present when the victim disclosed and indicated that the conversation took quite a while, as the victim kept crying and had to stop quite a few times. ON 080709, CONTACT WAS MADE WITH THE DEFENDANT AT HIS RESIDENCE. MIRANDA WAS READ BY CARD AND A SEARCH WARRANT WAS EXECUTED FOR the RESIDENCE. THE DEFENDANT AGREED TO SPEAK WITH ME REGARDING this INVESTIGATION. DURING THE COURSE OF THIS INTERVIEW THE DEFENDANT DENIED ALL OF THE ALLEGATIONS. HE DID CONFIRM THE EXISTENCE OF THREE HOUSEHOLD COMPUTERS, ONE OF WHICH IS HIS LAPTOP WHICH NO ONE BUT HIM HAS the PASSWORD. HE CONFIRMED ALWAYS BEING PRESENT WHEN THE MINOR CHILDREN ARE USING HIS COMPUTER. HE CONFIRMED MANY FILES CONTAINING ADULT PORNOGRAPHY EXISTING ON HIS COMPUTER, BUT DENIED THE EXISTENCE OF CHILD PORNOGRAPHY. AS A RESULT OF THE SEARCH WARRANT, THE DEFENDANT'S COMPUTER AND OTHER COMPUTERS WERE SEIZED, AS WELL AS ADDITIONAL MEDIA STORAGE DEVICES. THE DEFENDANT WAS TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY, HANDCUFFED (DOUBLE LOCKED) BY DEPUTY CHAD DOYLE FOR BOOKING. THE DEFENDANT'S TOTAL BOND WAS SET AT $39,000.00, PER THE BOND SCHEDULE. *NOT-EXEMPT* |
