Thursday, October 23, 2014

Probable cause affidavit- Joplin Wall Street resident arraigned on child porn charge

A Joplin man was arraigned on child pornography charges this morning in a federal courtroom in Springfield.

The preliminary hearing and detention hearing for James Allen Crippen are scheduled for 1:30 p.m. Tuesday, October 28, in Springfield.

The details of the charge against Crippen are spelled out in the probable cause affidavit:

I, Charles Root, being first duly sworn, do hereby depose and state that:

 1. I am a Task Force Officer (TFO) with the Federal Bureau of Investigation (FBI), assigned to the Joplin Resident Agency of the FBI, Joplin, Missouri. As part of the Affiant’s daily duties as an FBI TFO, the Affiant investigates criminal violations of federal law relating to child exploitation including violations pertaining to the illegal production, receipt, and possession of child pornography,18 USC §§ 2252(a)(2) and 2252(a)(4)(B), and other federal statutes involving child exploitation. The Affiant has received training in the area of child exploitation and child pornography investigations, enticement, inducement of minors and has had the opportunity to observe and review numerous examples of child pornography in all forms of media, including computer media. The Affiant has been a sworn law enforcement officer since 1994 and is currently employed with the Joplin, Missouri, Police Department since November 2004. The Affiant is assigned to the Southwest Missouri Cyber Crimes Task Force. 


 2. The statements contained in this affidavit are based on information the Affiant learned through personal knowledge, investigative reports from other Investigators familiar with this investigation, and conversations with Investigators familiar with this investigation and who are formally trained and experienced in conducting investigations involving child exploitation. 

 3. On September 24, 2014, the Affiant received Cyber Tips 2810298 and 2814081 from the National Center for Missing and Exploited Children (NCMEC). Both of the Cyber Tips were created by the website Tumblr regarding screen name “sindygirrl” and e-mail address “sinnzindy@gmail.com.” The Cyber Tips reported that this user had uploaded suspected child pornography using this Tumblr account/e-mail account on July 20, 2014, at 1:48 PM UTC. The IP address associated with this account was identified as 174.126.28.204. 

 4.Cyber Tip 2810298 contained two images of suspected child pornography.  (The rest of this paragraph contains description of child pornography involving children appearing to be three to four years old and approximately seven years old.)

 5. The Affiant 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. 

 6. On October 8, 2014, CableOne responded to the subpoena and provided the account holder for this IP address as a James Crippen, with an address of 1919 S. Wall Ave., Joplin, MO 64804. This address is in the Western District of Missouri. 

 7. A records search of this address revealed that James Crippen’s most current residence is 1919 S. Wall Ave., Joplin, MO 64804. On October 15, 2015, the Affiant drove by this address and observed a white passenger vehicle bearing MO license SH7-D0H. A records check of this vehicle returned to a James Crippen of the above listed address. 

 8. On October 6, 2014, the Affiant applied for and received a search warrant for the above identified address and on October 22, 2014, the search warrant was executed at approximately 12:41, PM with the assistance of a uniformed Joplin Police Officer and agents with the Southwest Missouri Cyber Cr9. The Affiant knocked on the front door of the residence and it was answered by James A. Crippen. 

The Affiant identified himself and asked if Officers could come inside to talk to him. Crippen became defensive, said no and attempted to close the door. The Affiant informed Crippen that there was a federal search warrant for his residence and demanded to come inside. Crippen still refused and blocked the entrance to the residence. The Affiant ordered him to step back and allow agents inside the residence. He still refused, so the Affiant pushed him back inside the residence and entry to the residence was made. Crippen demanded to see the warrant and the Affiant informed him he would be given a copy of the warrant along with any items that were seized prior to agents leaving. The Affiant also advised him we wanted to sit down and talk to him about what was going on and would answer any questions he had. 

 10. The Affiant directed the uniformed Police Officer to pat Crippen down for weapons but Crippen jerked away and refused to comply with verbal commands. He was informed he would be patted down for weapons for everyone’s safety and so we could sit down and talk. The uniformed Officer was finally able to pat him down for weapons. Crippen demanded to be able to get his cell phone, which was lying in plain view on the coffee table in the front room of the residence and attempted to reach for it. The Affiant informed him he could not move anything from the residence and prevented him from touching the phone. The phone was identified as an Apple iPhone. At this point, the Affiant allowed Crippen to get a cigarette and escorted him outside to the Affiant’s truck for an interview, while assisting agents conducted a search of Crippen’s residence. Crippen was the only person inside the residence.

 11. At approximately 12:47, PM the Affiant attempted to conduct a recorded interview with Crippen. Crippen was argumentative and refused to provide the Affiant with his personal information, other than his name and date of birth. He refused to provide his social security number and phone number, when asked and then refused to answer any additional questions. The interview was concluded at approximately 12:48, PM. 

 12. After completing the interview with Crippen, the Affiant was contacted at the residence by a Jeff Howe, who identified himself as Crippen’s landlord. The Affiant informed Howe that agents were executing a search warrant at the residence and asked if he had Crippen’s contact phone number and how long Crippen has lived at this residence and who all lives with him. Howe stated Crippen lives alone and has lived there for approximately two years.

 13. During the search of Crippen’s residence, assisting agents conducted a preliminary examination of Crippen’s cell phone and observed the program “Tumblr” installed on the phone as well as several images of suspected child pornography. The initial results of the examination revealed suspected child pornographic images of children as young as 6 years of age. The suspected images depict the graphic display of the genitalia and digital penetration of a female child’s vagina. The images also include bondage and sadomasochistic behavior. 

 14. At the completion of the search of Crippen’s residence, the Affiant informed Crippen that he was under arrest. He asked what the charge was. He was informed it was related to possession and receipt of child pornography on his cell phone. Crippen stated he didn’t do that. The Affiant informed him we could not discuss this due to his earlier statements. He continued by stating he has porn on his phone. The Affiant informed him adult pornography wasn’t illegal, only child pornography was and that was located on his cell phone. Crippen stated, “it pops up sometimes.” The Affiant informed him we couldn’t discuss this any further, that he just needed to know what the charges were. Crippen asked when he could get his stuff back. The Affiant informed him that if nothing was found on any of his items, they would be returned to him.

 15. Crippen was asked if he was a convicted felon. He advised he was and said it was drug related. He said it was related to the sale of drugs near a school. The Affiant requested a criminal history for James A. Crippen, which revealed the following convictions: Distribution of a controlled substance and bail jumping. He was sentenced to eight years in an Oklahoma prison for the distribution charge and one year in prison for the bail jumping charge. 

 16. James A. Crippen was arrested and transported to the Joplin City Jail pending the filing of a federal complaint. 

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