Probable cause statement: Joplin child subjected to sexual nightmare by her parents

The probable cause statement in the child pornography case against a Joplin woman indicates her daughter was living a nightmarish existence, which included sexual abuse at the hands of both of her parents.

In a detention motion filed Friday in U. S. District Court for the Western District of Missouri, prosecutors asked that Gina Hajny be held without bond as she awaits trial. The details provided in the motion were bad enough, but pale in comparison to the information included by Officer Tim Williams of the Southwest Missouri Cyber Crimes Task Force in the probable cause statement.

Gina Hajny's detention hearing is scheduled for 11:30 a.m. Tuesday at the federal courthouse in Springfield.

The probable cause statement is printed below. It contains graphic descriptions:

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On January 14, 2014, TFO Root received CyberTip 2227921 from the National Center for Missing and Exploited Children.  The Cyber Tip was created by Google regarding the Gmail e-mail account jdh1023@gmail.com.  The Cyber Tip reported that this user had uploaded suspected child pornography using this e-mail account on December 12, 2013 at 7:19PM UTC.  The IP address associated with this account was identified as 67.60.106.65.

The CyberTip included an image that depicted a close up of a six to eight year old female child’s face.  The image depicts the child holding an erect male’s penis with her hand and she has his penis in her open mouth
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TFO Root performed a WHOIS search of the above listed IP address and CableOne was identified as the service provider.  The Affiant caused an investigative subpoena to be issued to CableOne on January 17, 2014.  On January 31, 2014, CableOne responded to the subpoena and provided the account holder for this IP address as a Gina Hajny, with an address of 2426 Trenton St., Joplin, MO 64801.  This address is in the Western District of Missouri.  A public records search of this address revealed that a James Hajny also resides at this residence.

On May 15, 2014, TFO Root was contacted by Homeland Security Investigations (HSI) Special Agent Lauren Morris regarding James Hajny.  SA Morris advised that she believed Hajny had posted images of a female child who appears to be sleeping.  An adult male’s hand is seen manipulating the child’s unclothed buttocks.  SA Morris advised the images were posted to the website “imgsrc.ru.” SA Morris stated the images were posted on May 5, May 7 and May 12, 2014.  Included with the images were several text conversations where the subject informs other website users that these images depict his niece and the subject states, “she is 9 and is sweet and petite love her body and love her little feet and toes too.”  This file was located on the website and is available for public viewing in the following path of the website.  Family/Kids in a folder titled, “My niece 9 yrs old.”

The user identified as jamieboi0629 provides the following user information: “I am into younger girls and boys ages 8-13 also into taboo, if you have same likes show me what you have, p for p or send me a zip file.  NO OPEN FILES.  You must post in ENGLISH ONLY OTHERS WILL BE DELETED. These are my posts please DO NOT REPOST MY WORK.”

On May 5, 2014 a comment is posted to this account stating, “She sure is cute.”  A reply to this post was, “She is even more so with nothing on.  totally hot.”, “She tastes so sweet too wish I had more time with her than I do.”

On May 14, 2014, SA Morris caused an exigent summons to CableOne requesting subscriber information for two IP addresses.  The two IP addresses were identified as 67.60.106.65 and 174.126.57.23.  May 15, 2014, SA Morris received information from Cable One that the account holder for the two above IP addresses was listed as Gina Hajny with a service address of 2426 Trenton St., Joplin, MO 64801.

On May 15, 2014, TFO Root contacted the United States Postal Service to determine who received mail at the address identified above.  Both Gina and James Hajny were identified as receiving mail at this location.

On May 15, 2014, images were taken of the above listed address.  Two vehicles parked at the residence license plates were identified as MO license 7DU-929 and Hajny.  A license check was conducted on both license plates and they returned to James Hajny of that address.

On May 19, 2014, at approximately 9:38AM, a search warrant was executed at the above listed address.  Located at the residence were James and Gina Hajny.  After identifying themselves and explaining that agents had a search warrant for the residence, the agents asked to come inside the residence.  Both Gina and James refused to grant entrance into the residence.  TFO Root pushed the door open in order to gain entry to the residence and execute the search warrant.  A protective sweep was conducted inside the residence, while James and Gina were in the living room of the residence.

At approximately 0957 hours, the TFO Root conducted an interview with James “Jim” D. Hajny.  The interview was audio recorded and at approximately 0959 hours, the TFO Root advised James Hajny of his Miranda rights.  During the interview, James Hajny admitted to being the one responsible for creating the e- mail address jdh1023@gmail.com.  He admitted to using a Russian website that begins with the letters, “IM” and uses this website to download and send out images of child pornography.  He stated this was done so to allow him to conduct an undercover investigation looking for pedophiles and has done this for the last month to a month and a half.  James stated he was last on this website this morning (May 19, 2014) and uses the screen name of “jamieboi0629”.
 
James Hajny advised that all of the child pornography on his laptop computer was put there by himself and no one else uses this computer.  The computer is password protected.  James stated there is approximately 100 child pornography images on his computer that he stores in several folders that he created.  He advised they are all titled, “New Folder” with some numbers after it.  A forensic preview was conducted on James Hajny’s laptop computer by TFO Larry Roller.  TFO Roller observed approximately 1600 images of suspected child pornography that range in age from toddlers to approximately nine years old.  These images depict the display of the genitalia, masturbation, oral sex, vaginal intercourse as well as anal sex involving children within that age range.  At least 16 videos were located that also contain suspected child pornography.  During the interview, James Hajny also admitted to being sexually attracted to boys and girls between the age of 8 and 13 years old.

James Hajny admitted to having child pornography on his laptop computer as well as his Samsung cell phone.  During the interview, James Hajny was asked about the specific images he may have taken.  He initially denied doing anything however, he later admitted that he did take images of his nine year old niece with his cellular telephone.  He stated he took the images of the child while she slept and she did not know he was taking the photos.  He said the photos depicted her buttocks and when he was asked what the liquid substance was that was on her buttocks, he said he had put saliva on his finger and then rubbed it on her buttocks.  He admitted to taking these images of the child while she slept in his daughter’s bedroom at their Joplin residence.

While interviewing James Hajny, the TFO Root presented a sanitized image of a blonde female child and asked him who that child was.  This image originally depicted a female child performing oral sex on an adult male’s erect penis.  James immediately stated that was his child.  When asked about where the photo originated, he advised he did not know and said it was not his penis.  When pressed about why that image was located in one of his e-mail addresses, he stated he knew it looked bad but advised he was not responsible for putting it there and has never touched his daughter in that manner.

At approximately 1214 hours on May 19, 2014, Jim was informed he was being transported to the Joplin Police Department prior to being transported to Springfield where he will be held in federal custody and that federal charges would be sought against him.

On July 8, 2014 at approximately 10:42AM, TFO Root observed a child forensic interview of AH at the Joplin Child’s Advocacy Center.  The interview was conducted by FBI Child Forensic Interviewer Rachel Happel.  Prior to the interview, TFO Root spoke with Trent Braker with Children’s Division.  Trent provided TFO Root with a copy of a Child Abuse Hotline call that was reported by (AH's foster mother) on June 11, 2014. The interview was video recorded and later burned to a DVD.
  
Rachel asked AH why she was here today.  She responded by saying it was because of what she had told (the foster mother and foster father).  (The foster mother) brought AH to the interview as AH is currently in State custody.

When asked what she (AH) had told (the foster parents), AH responded by saying her Mom, took pictures while her Dad touched her private, then Dad took pictures while Mom touched her private.  The Mom is identified as Gina Hajny and the Dad is identified as James “Jim” Hajny
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When asked what her private was, she stated it was her “bad part” and when asked what that part of her body was used for, she said it was used for “pee”.  She pointed to her vaginal area at this point.  When asked what (the foster parents) had told her about what she would be doing today, AH said (her foster parents) had told her to just tell the truth about what had happened.

AH was asked if this type of thing happened once or more than once.  She said it happened multiple times.  AH said the first time this happened, she was in her Mom’s bedroom lying on her back on the bed.  She said she and her Mom were the only two in the room, when her Mom touched her private on top of her clothing.  She said her Mom was standing during this incident and didn’t say anything to her.  AH said her Dad was in the front room during the incident until her Mom finished.  She stated her Mom walked into the front room and told Dad that it was his turn.  AH said when Dad came in, he took off her clothes and touched her privates and while doing so, his hand would move.  When asked how old she was when this happened, AH said she was 7 years old.

AH was asked about any other times this would happen.  She said at nighttime, both her Mom and Dad would touch her privates.  She described one occasion where her Mom touched her privates with both her hand and her feet.  She said her Mom’s hand would move and her hand would go inside her.  When asked how that made her feel, she said she felt bad.  She said her Dad would also touch her privates in a similar manner with both his hands and feet.

When asked about any photographs being taken of her without any clothes on, AH said this happened multiple times and sometimes Mom took pictures of Dad touching her privates and other times, Dad would take pictures of Mom touching her privates with her clothes off.  She said her Dad would take her clothes off.  She was asked where this happened.  She said she was lying on her Mom’s bed in her Mom and Dad’s bedroom.  AH was asked what her parents used to take pictures of her privates.  She said they used her Mom’s red and black “Razor” cell phone and her Dad would also use her Mom’s pink camera.  She said they took pictures of her privates and her boobs with her clothes off.  She said during these photos, Mom’s hand would move while touching her privates and boobs.  AH was asked if she knew what happened to the pictures after they were taken.  She said her parents put them on Facebook.  She was asked if she ever saw the pictures on a computer after they were taken and she responded that she hadn't.
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AH was asked what the worst time was.  She said it was when she was sick.  When asked what that meant, she said her tummy was sick.  She was asked what her parents did while she was sick.  She said they touched her privates.

AH said she didn’t tell anyone about these incidents because she was afraid she would get into trouble with her parents and that they would take away her TV, tablet and her new sheets and pillow
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AH was asked if her parents had touched any other part of her body.  She said they also touched her “butt”.  She said they both had touched her “butt” with their hands and feet with her clothes off but said they touched the outside of her “butt.”

AH was asked if she had ever touched any part of her parents body.  She initially said no.  She was presented with the photograph of the female child that was performing oral sex on an adult male’s penis and was identified by both her Mom and Dad as AH during the execution of the federal search warrant at their residence on May 19, 2014.  She was asked what that picture depicted.  She said it was a girl that was licking a boy’s private.  She was asked who the girl was.  She said “Me.”  She was asked who the penis belonged to.  She said, “Dad.”  She was asked whose hand was in the photo.  She said, “Mom.”  She was asked how old she was in the photograph.  She said 7 or 6 and was taken in either the old or new house.

 She was asked if she remembered the photograph and she said no.  She was asked how she knew it was her in the photo.  She said her hair.  She was asked how she knew it was her Mom’s hand.  She said her Mom doesn’t have any hair on her hand.

AH was asked if anyone else had ever touched her like this before.  She said no one else.  She had no knowledge of any of her siblings being abused or any other child.
  
 At the completion of the interview, TFO Root spoke with (the foster mother) and asked if he could sit down with her later that day to discuss the disclosures by AH.  She said that was fine and said she had written down what she had said in her day planner.  TFO Root asked if he could see what she had.  She said she had her planner with her and he walked with her to her vehicle.  She handed him a blue binder and opened it to the month of June.  She said she keeps all of her kids and foster kids appointments and other important information in the planner and said she needs it.  He asked if he could take the planner and copy the month of June.  She said that was fine, so he took the planner and later copied both pages for the month of June and added them to the case file.

   At approximately 4:45PM on July 8, 2014, (the foster mother) arrived at the Joplin Police Department and TFO Root handed her back her planner.  He asked her to discuss the incidents where AH would disclose the abuse by her parents.  She said the only time they would talk about it was when AH would be crying or appeared to be upset.  She said she asked AH what was wrong and she (AH) would begin to disclose that her parents had touched her privates and had taken pictures of her without any clothes on.  She said AH said it made her sad and made her feel really bad.

 (The foster mother) said she and her husband never questioned AH about the abuse but allowed her to talk about it if she wanted.  (The foster mother) said she tried to keep notes and add them to her planner on the dates that AH talked about these incidents.  TFO Root asked (the foster mother) if she did anything else about these disclosures.  She said she reported two of the incidents t the Child Abuse Hotline.  She said during both incidents, Children’s Division workers made wellness visits to her residence to check on AH. (The foster mother) further stated that while in court during custody hearings, Gina Hajny said all she wanted to do was to get her kids back and get out of the state of Missouri.

 On July 9, 2014 at approximately 1:53PM, TFO Root arrested Gina Hajny at her residence and she was transported to the Joplin Police Department.

On July 9, 2014 at approximately 2:03PM, TFO Root conducted an interview with Gina Hajny, while the Affiant observed.  After being advised of her Miranda rights, Hajny made the following non-verbatim statement.  She has observed what she believed to be child pornography on her husband’s computer and approximately two weeks prior to law enforcement executing the search warrant at her residence on May 19, 2014, she overheard her daughter (AH) talking to her niece (IG) about people touching their privates and saying they should tell someone.  She did not discuss the conversation with either child.  Her husband, (James “Jim” Hajny) is verbally abusive to the two youngest children calling them “Bitch” and “Bastard” and he smokes Marijuana in the residence.

  Gina Hajny repeatedly asks “AH” if her father (Jim) ever touches her “privates” and would often leave work early to make sure he wasn’t doing anything like that to the kids, as well as making sure he wasn’t “cheating” on her (Gina).  When asked about touching “AH” privates, to taking pornographic photographs of AH, and to both she and her husband touching AH privates, Gina denied doing so.  However, shortly after the denial, Gina admitted that she may blocked out abusing AH because she blocks lots of stuff out.  Gina maintained that AH is not a liar throughout the interview.  Gina stated she was not strong enough to leave her husband even though she felt he was a bad man and very controlling.        

At the conclusion of the interview, TFO Root informed Gina that he believed that AH was telling the truth and that this did happen and that he felt there might be some sort of pressure to do this.  TFO Root then asked Gina if she felt he was off base with any of the things that were talked about.  Gina said “no.”  Gina said she is down on herself and has low self-esteem and she didn't know how to fix it.