Wednesday, January 08, 2014

Former Sarcoxie Board of Education member to plead guilty to child pornography charge

You have read this before, but former Sarcoxie Board of Education member John Lewis is scheduled to plead guilty to child pornography charges during a 1:30 p.m. Monday, January 13, hearing before Judge David P. Rush in Springfield.

U. S. District Court Judge David Rush issued an order November 27 approving Lewis' motion to withdraw his original guilty plea.

The motion was made by Springfield attorneys Tom Carver, Shane Cantin, and Erica Mynarich, who were hired by Lewis after he replaced another Springfield lawyer Dee Wampler.

Lewis entered his guilty plea Oct. 9, but it allowed either him or the government to withdraw the plea at any time before the judge formally accepted it. Eight days after the guilty plea, Carver, Cantin, and Mynarich officially signed on as Lewis' lawyers. Five days after that, they filed a request to delay the acceptance of the guilty plea so they could examine the plea agreement.

The crime to which Lewis pleaded guilty was described in the original plea agreement:
On October 4, 2012, a Missouri State Highway Patrol (MSHP) Trooper initiated an investigation regarding John R. Lewis at the request of the Jasper County Prosecuting Attorney’s Office. After taking the initial complaint, the Trooper interviewed witnesses.
On December 5, 2012, MSHP Troopers contacted Lewis at his residence located at 4360 Dandelion, Sarcoxie, Missouri. At the conclusion of an interview with Lewis, an MSHP Trooper asked Lewis for his consent to search his computers for any images of child pornography. Lewis stated he had images on his computer he did not want to be made public. Lewis stated he had two computers in his residence, a desktop and a laptop. When Lewis mentioned the desktop he pointed to a nearby office that was visible. Lewis stated he had downloaded images of naked children from a nudist website to his desktop computer. Lewis refused to give consent.
Based on the above information, the Troopers secured the residence and obtained a search warrant to search Lewis’s residence including the computers and all electronic storage devices. During a subsequent search an additional desktop computer was located in a basement bedroom along with multiple electronic storage devices. All computers and electronic storage devices were located inside the residence.
The computers and storage drives were submitted to the Southwest Missouri Cyber Crimes Task Force (SMCCTF) for analysis. The forensic examiner reviewed 19 multimedia files that he labeled as child pornography due to the activity depicted and 113 still images of suspected child pornography. The multimedia files and still images primarily depicted male children, with the youngest child being approximately 5 years of age, engaged in the display of genitalia, masturbation, oral sex, and anal intercourse.
These images traveled in interstate or foreign commerce via the internet.

If Lewis is eventually found gulty, he could be sentenced to as much as 10 years in prison and be fined up to $250,000.

No comments: