| Probable cause affidavit: |
SUBMITTED BY: LIOTTA, KATHLEEN 0417 (AR11122314) KNOWINGLY AND UNLAWFULLY PROMOTE SEXUAL PERFORMANCE BY A MINOR CHILD, TO WIT: INSTRUCTED THE VICTIM TO TAKE LEWD AND LASCIVIOUS PHOTOGRAPHS OF HERSELF ENGAGING IN LEWD AND LASCIVIOUS BEHAVIOR (TOUCHING HER VAGINAL AND ANAL AREAS, AS WELL AS HER BREASTS) IN VIOLATION OF FLORIDA STATE STATUTE 827.071(3) (AND) KNOWINGLY AND UNLAWFULLY HAVE IN HIS POSSESSION FIVE IMAGES OF CHILD PORNOGRAPHY, TO WIT: FIVE PHOTOGRAPHS OF THE 16 YEAR OLD VICTIM POSING IN A PROVOCATIVE MANNER AND ENGAGING IN LEWD AND LASCIVIOUS BEHAVIOR (TOUCHING HER VAGINAL AREA, ANAL AREA AND HER BREASTS) IN VIOLATION OF FLORIDA STATE STATUTE 827.071(5) (AND) KNOWINGLY AND UNLAWFULLY HAVE SEXUAL INTERCOURSE WITH THE 16 YEAR OLD VICTIM WHILE THE VICTIM WAS ASLEEP AND UNAWARE OF HER SURROUNDINGS, TO WIT: THE DEFENDANT COMMITTED THIS ACT BY PENETRATING THE VICTIM'S VAGINA AND ANIS WHILE SHE WAS ASLEEP AND CONTINUED TO DO SO AFTER SHE AWOKE AND HAD TOLD THE DEFENDANT TO STOP, IN VIOLATION OF FLORIDA STATE STATUTE 794.011(4)(A) (AND) KNOWINGLY AND UNLAWFULLY HAVE SEXUAL ACTIVITY WITH THE VICTIM, 15 YEARS OF AGE, DATE OF BIRTH 04/01/1995, BEGINNING IN OCTOBER OF 2010 WHEN THE VICTIM WAS 15 YEARS OF AGE, AND CONTINUING UNTIL 07/2011, AFTER THE VICTIM HAD TURNED 16 YEARS OF AGE. THE DEFENDANT BEING 21 YEARS OF AGE WHEN THE SEXUAL ACTIVITY BEGAN AND IS CURRENTLY 22 YEARS OF AGE, AND SOON TO BE 23, IN VIOLATION OF FLORIDA STATE STATUTE 800.04(4)(A) ON 081211, OUR AGENCY BECAME INVOLVED WITH THE INVESTIGATION SURROUNDING ALLEGATIONS THAT A 22 YEAR OLD MALE (DEFENDANT) HAD SEXUAL ACTIVITY WITH THE 15 YEAR OLD FEMALE VICTIM. THERE WERE ADDITIONAL ALLEGATIONS THAT THE DEFENDANT HAD INSTRUCTED THE FEMALE VICTIM TO TAKE LEWD AND LASCIVIOUS PHOTOS OF HERSELF. ADDITIONAL ALLEGATIONS INDICATED THAT THE DEFENDANT HAD UPLOADED THE LEWD AND LASCIVIOUS PHOTOS OF THE VICTIM AND SENT THEM TO HIS GMAIL ACCOUNT WITHOUT THE VICTIM'S KNOWLEDGE OR CONSENT. FROM OCTOBER OF 2010 THROUGH JULY OF 2011, THE DEFENDANT HAD SEXUAL INTERCOURSE WITH THE 15 YEAR OLD VICTIM CONSISTING OF VAGINAL INTERCOURSE, ORAL SEX AND ANAL INTERCOURSE. THE VICTIM INDICATED THAT THE TWO HAD SEXUAL INTERCOURSE WELL OVER 20 TIMES DURING THIS RELATIONSHIP. ALL OF THE SEXUAL ACTIVITY OCCURRED IN BEVERLY HILLS, WITHIN CITRUS COUNTY. THE FINAL ALLEGATION REPORTED IS THAT ON JULY 5, 2011, THE DEFENDANT PENETRATED THE VICTIM'S VAGINA AND THEN HER ANUS, WITHOUT HER CONSENT. (VICTIM WAS SLEEPING AND THEN WAS AWAKENED BY THE SEX ACTS) THE VICTIM REPORTED THAT WHEN SHE WOKE UP, THE DEFENDANT WAS ALREADY INSIDE OF HER, PENETRATING HER WITH HIS PENIS. ON 081711, I BECAME INVOLVED IN THIS INVESTIGATION AND CONDUCTED SWORN/DIGITALLY RECORDED INTERVIEWS WITH THE VICTIM AND ANOTHER WITNESS. THE VICTIM PROVIDED THE ABOVE TESTIMONY REGARDING THE SEX ACTS AND THE PHOTOGRAPHS. SHE INDICATED THAT SHE HAD MET THE DEFENDANT VIA HER CHURCH AND THEY WERE STUDYING THE BIBLE TOGETHER. SHORTLY AFTER THEY HAD MET IN SEPTEMBER OF 2010, THE TWO BEGAN A SEXUAL RELATIONSHIP. THE DEFENDANT HAD TOLD HER THAT GOD HAD COME TO HIM IN PRAYER AND TOLD HIM THAT THE VICTIM WAS TO BE HIS WIFE AND MUST SUBMIT TO HIM IN EVERY WAY. THE DEFENDANT WOULD INSTRUCT THE VICTIM TO ENGAGE IN SEXUAL ACTS WITH HIM, PUTTING A SPIRITUAL EMPHASIS ON HIS INSTRUCTIONS, REMINDING THE VICTIM THAT SHE NEEDED TO SUBMIT. HE INSTRUCTED HER TO TAKE OVER 50 PHOTOS OF HERSELF, NAKED AND ENGAGING IN LEWD AND LASCIVIOUS ACTS. THE VICTIM THOUGHT THAT THE PHOTOS WERE TO REMAIN ON HER COMPUTER AND SHE WOULD ALLOW HIM TO VIEW THEM AND THEN SHE WOULD DELETE THEM. BEFORE SHE COULD DELETE 15 PHOTOS, THAT SHE TOOK FOR THE DEFENDANT IN MAY OF 2011, THE DEFENDANT HAD UPLOADED THEM TO HIS GMAIL ACCOUNT. THE VICTIM TESTIFIED THAT THIS WAS WITHOUT HER KNOWLEDGE AND THAT SHE HAD JUST RECENTLY FOUND THEM IN HIS GMAIL ACCOUNT. THE VICTIM HAD CONSENT FROM THE DEFENDANT TO VIEW AND ACCESS ALL OF HIS EMAIL ACCOUNTS AND HE HAD PERMISSION TO VIEW AND ACCESS ALL OF HERS. THE VICTIM DID PROVIDE ME ACCESS TO THESE 15 PHOTOGRAPHS. I NOTED THAT OUT OF THE 15 PHOTOGRAPHS, 5 IMAGES WERE OF THE VICTIM POSING IN A LEWD AND LASCIVIOUS MANNER AND TOUCHING HER VAGINAL AREA, BREAST AREAS AND HER ANAL AREA. THESE IMAGES HAVE BEEN SECURED AS EVIDENCE IN THIS CASE AND ADDITIONAL PHOTOS ARE AVAILABLE ON THE VICTIM'S COMPUTER. THE VICTIM'S COMPUTER IS CURRENTLY IN ANOTHER COUNTY AND THE ADDITIONAL IMAGES WILL BE SEIZED AT ANOTHER TIME. THE DEFENDANT WAS CONFRONTED BY THE VICTIM'S MOTHER (JULY 2011) REGARDING THE RELATIONSHIP IN MID JULY OF THIS YEAR. THE DEFENDANT MADE ADMISSIONS TO THE VICTIM'S MOTHER ABOUT THE SEXUAL ACTIVITY. THE VICTIM ALSO CONFRONTED THE DEFENDANT (081811) REGARDING THE UPLOADING OF THE LEWD AND LASCIVIOUS PHOTOS OF HER. THE DEFENDANT ADMITTED THAT HE DID UPLOAD THESE PHOTOS WHILE AT THE VICTIM'S RESIDENCE IN BEVERLY HILLS. HE ADMITTED THAT HE DID THIS WITHOUT HER KNOWLEDGE, BECAUSE HE DID NOT WANT THEM DELETED AND WANTED TO SAVE THEM FOR HIMSELF. HE DENIED THAT HE TRANSMITTED THEM TO ANY OTHER SITES OR INDIVIDUALS. THE VICTIM ALSO CONFRONTED HIM ABOUT HIM HAVING SEX WITH HER ON JULY 5, 2011 WITHOUT HER CONSENT. SHE INDICATED TO HIM THAT SHE WAS NOT SURE IF SHE WAS PREGNANT OR NOT, BECAUSE HE HAD PENETRATED HER WHILE SHE WAS SLEEPING. SHE HAD TOLD THE DEFENDANT THAT SHE DID NOT KNOW IF HE HAD EJACULATED, THAT SHE HAD WOKEN UP, TOLD HIM NO AND KICKED HIM OFF OF HER. THE DEFENDANT DENIED EJACULATING INSIDE OF THE VICTIM ON THAT DATE AND DID NOT DENY THAT SHE WAS ASLEEP AT THE BEGINNING OF THAT INCIDENT. I MADE CONTACT WITH THE DEFENDANT WHILE HE WAS TRAVELING ON HWY 491 AND A PATROL UNIT HAD MADE THE TRAFFIC STOP ON THE DEFENDANT. I MADE CONTACT WITH THE DEFENDANT, READ HIM HIS MIRANDA RIGHTS BY CARD, WHICH HE WAIVED. I THEN CONDUCTED A DIGITALLY RECORDED INTERVIEW WITH THE DEFENDANT. HE ADMITTED TO HAVING HAD A SEXUAL RELATIONSHIP WITH THE VICTIM, BEGINNING IN OCTOBER OF 2010. HE ADMITTED TO KNOWING SHE WAS 15 AND HE WAS SOON TO TURN 22 (NOVEMBER OF 2010). HE ADMITTED TO KNOWING THAT THE VICTIM TURNED 16 THIS APRIL. (2011) HE ADMITTED THAT HE HAD INSTRUCTED THE VICTIM TO TAKE THE LEWD AND LASCIVIOUS PHOTOS OF HERSELF AND TO PUT THEM EITHER ON THE DROID PHONE OR THE VICTIM'S LAPTOP. HE AGREED THAT THERE WERE WELL OVER 50 IMAGES TAKEN AT HIS DIRECTION. HE STATED THAT THE 15 THAT I HAD LOCATED, 5 OF WHICH WERE LEWD AND LASCIVIOUS, WERE TAKEN BY THE VICTIM WHILE SHE WAS IN PENSACOLA, FLORIDA. (AT HIS DIRECTION, MAY 2011) HE RECALLS THAT WHEN THE VICTIM CAME BACK TO HER HOME IN BEVERLY HILLS, (MAY OR JUNE 2011) HE ADMITTED THAT HE VIEWED THE PHOTOS. HE ALSO ADMITTED THAT WHEN THE VICTIM WENT INTO HER BATHROOM, HE UPLOADED THE PICTURES TO HIS GMAIL ACCOUNT. THE DEFENDANT ADMITTED TO USING AN EMAIL CLIENT TO SEND/TRANSMIT THESE PICTURES TO HIS PERSONAL GMAIL ACCOUNT SO THEY COULD BE PRESERVED. HE STATED THAT HE UPLOADED APPROX. 16 WHICH 5 OF THEM ARE KNOWN TO BE LEWD AND LASCIVIOUS. THESE WERE THE PICTURES THAT WERE DESCRIBED ABOVE AS BEING LEWD AND LASCIVIOUS. THE DEFENDANT AGREED THAT HE HAD MANIPULATED THE VICTIM, USING VERBAGE ABOUT THE BIBLE AND URGING THE VICTIM TO SUBMIT TO HIM. I ASKED THE DEFENDANT WHY HE WOULD HAVE SEX WITH THE VICTIM WHEN SHE WAS ASLEEP. HE TOLD ME THAT HE DID NOT KNOW. HE ADVISED THAT HE WAS KISSING ON HER AND SHE WAS ASLEEP. HE TOLD ME THAT SHE DID LATER WAKE UP AND DID NOT DENY THAT HE HAD PENETRATED HER VAGINALLY WITH HIS PENIS WHILE SHE WAS ASLEEP. HE COULD NOT EXPLAIN HIS BEHAVIOR. BASED ON THE CONCLUSION OF THIS INVESTIGATION, THE DEFENDANT WAS PLACED UNDER ARREST AND TRANSPORTED TO THE CITRUS COUNTY JAIL BY DEP. GARRETT. (HANDCUFFS DOUBLE LOCKED) THE DEFENDANT WAS INSTRUCTED TO HAVE NO FURTHER WITH THE VICTIM OR HER FAMILY. (EMAIL, TEXT, THIRD PARTY, ETC) THE DEFENDANT INDICATED THAT HE UNDERSTOOD. I LATER SPOKE WITH A FAMILY MEMBER OF THE DEFENDANT AND RELAYED THE SAME INFORMATION. THE VICTIM AND HER MOM TOLD ME THAT THE DEFENDANT HAD RELAYED THAT HE AND HIS FAMILY WOULD SOON BE MOVING BACK TO SPAIN OR HONDURAS. THIS WAS AFTER THE DEFENDANT WAS CONFRONTED BY THE VICTIM'S MOTHER AND EXPRESSED FEAR OF GOING TO JAIL. BASED ON THIS INFORMATION, I REQUEST THAT A NO BOND BE PLACED ON THE DEFENDANT DUE TO HIM BEING A FLIGHT RISK. THE TOTAL BOND FOR THE DEFENDANT IS . "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the ADA Coordinator at the Office of the Trial Court Administrator, Citrus County Courthouse, 110 North Apopka Avenue, Inverness, Florida 34450, Telephone (352) 341-6700, at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.” *NOT-EXEMPT* |
