Guy Rosenschein is not happy with his lawyers.
The former Joplin pediatric surgeon, who faces 16 counts of possessing and distributing child pornography, is asking to serve as his own attorney and in a handwritten three-page letter to the judge in his case, filed last month in U. S. District Court in New Mexico explained why he could present his case better than any lawyer.
In the letter, Rosenchein, 67, mentioned his membership in Mensa, an organization that only admits people with the highest I. Q. scores, his fluency in numerous language (English is his fifth language) and previous legal actions in which he served as his own lawyer and successfully sued the French government and a former employer.
Rosenschein said he had been heavily involved involved in the preparation of his case and would have no problem stepping in as his own attorney.
The suppression hearing was an eye-opener because no matter how difficult a surgical procedure it remains an issue of skills. Even when fighting to save a two-month-old baby with a one-pound liver cancer, I never felt that nature was hateful.
When fighting my case against the U. S. Government, it is different.
Rosenschein's letter was handwritten, all printed in capital letters, something he explained to the judge.
A practical point, the medieval facility the government has place me in is two hours from Albuquerque and offers very little service: no typewriter, no computer and difficult to obtain supply. Until things change, all my filings will be handwritten. (Capital characters are better than a doctor's handwriting.)
While making his case that his superior intelligence would allow him to represent himself, Rosenschein took a shot at real lawyers.
I do not believe that an exceptional intelligence is expected to allow self-representation and I think that I should be allowed to go pro se.
The crimes allegedly took place between January 21, 2010, when the doctor still maintained a practice in Joplin, and November 8, 2016.
The 2010 charge says Rosenschein possessed a hard drive that contained child pornography.
Nine of the counts against Rosenschein are for distributing child pornography and the other seven for possession.
The 2010 charge says Rosenschein possessed a hard drive that contained child pornography.
Nine of the counts against Rosenschein are for distributing child pornography and the other seven for possession.
NCMEC forwarded this information to the New Mexico Attorney General’s Office Internet Crimes Against Children (ICAC) Task Force, and Bernalillo County Sherriff’s Office (BCSO) Detective Kyle Hartsock initiated a criminal investigation.
Detective Hartsock first reviewed the distributed files and confirmed that the images contained child pornography. Detective Hartsock observed that the image distributed on July 31, 2016, is a color image depicting a prepubescent boy laying on his stomach on a bed with a distinct patterned bedspread and pink/purple blanket. (The next two paragraphs describe photos of an adult and the boy engaged in anal sex.)
Detective Hartsock obtained a subpoena for the internet service provider associated with the IP address and learned that the account was registered to Defendant, a pediatric surgeon employed by Presbyterian Hospital.
On November 7, 2016, Detective Hartsock obtained a state search warrant for Defendant’s residence, which was executed the following day. During the execution of the search warrant, law enforcement located a 16-year-old boy (John Doe) inside Defendant’s bed wearing only underwear.
Defendant falsely identified John Doe as his nephew, but law enforcement later determined that John Doe was a former patient of Defendant’s.
The search of Defendant’s residence revealed numerous electronic devices that were seized for further analysis. The forensic analysis on most of the seized devices remains pending. Several of the devices are encrypted and will require further analysis in order to gain access. During the search law enforcement located a thumb drive attached to a keychain found in the ignition of Defendant’s vehicle, which was found to contain over one thousand images and videos of child pornography. This thumb drive is the subject of Count 3 of the indictment.
Defendant was first interviewed by Detective Kyle Hartsock during the execution of the search warrant and was later interviewed by FBI SA Marcus McCaskill. During his first interview, Defendant stated that John Doe was a former patient who stays with him from time to time. Defendant stated he owns two planes and a helicopter and has flown John Doe to several locations throughout the United States.
During his interview with SA McCaskill, Defendant admitted that he is sexually attracted to underage males “on occasion,” but has not had sexual contact with a minor since approximately 1994 in Paris.
When asked about chatstep.com, Defendant admitted that he has likely used the name “Carlo” in the past. Although he stated that he usually uses the name “Steve.” Defendant accepted responsibility for the thumb drive and stated that he obtained it in Europe several years ago. He stated that he had not looked at the thumb drive in approximately seven years, however the forensic data indicates that the files were accessed as recently as May 2016.
The complete forensic analysis of the seized thumb drive indicates that the device contained approximately 1,042 images and 78 videos of suspected child pornography. The initial file comparison from NCMEC indicates that Defendant possessed 41 files of previously identified children. Is it clear from the files contained on the thumb drive that the focus of the collection is prepubescent and pubescent minor males.
Following the execution of the first search warrant, federal law enforcement officers learned that Defendant’s home contained a “secret room” located inside the residence. This room was not discovered during the execution of the first search warrant.
Pursuant to a federal search warrant, agents re-entered Defendant’s residence and gained access to the room where they located two safes. Inside one of the safes, agents located five printed photographs depicting a dark-complected, possibly foreign-born, minor male child who was approximately 11 to 15 years of age based on body and pubic development.
Four of the photographs depicted the child nude in the shower. The time stamp on the back of the photo noted “Avril 94” (April 1994). Agents also located flight logs detailing an entry for travel to the Koh Kong province of Cambodia in March 1994.
An Apple iPhone3G was seized from Defendant’s office inside his residence. Defendant provided BCSO officials with the password to access this phone. The forensic analysis of the phone revealed a Yahoo Messenger account with the user name “cambodia1994.”
Hundreds of Yahoo chat messages were recovered from the phone, most of which focused on sexually explicit conversation. “Cambodia1994” primarily identified himself as “Steve” and claimed to be a teenage male living in the United States. “Steve” engaged in sexually explicit conversations with multiple users, often presenting himself as a minor working in a “club” and being forced to have sexual contact with adult males. “Steve” describes violent sexual experiences and how he is increasingly enjoying the contact.
(The next portions of the motion featured verbatim transcripts of the conversations.)
Law enforcement also seized an iPhone6 from Defendant’s residence. The forensic analysis of this phone revealed approximately one dozen photographs that appear to have been taken in a hospital or medical setting.
Investigators learned that it is against Presbyterian Hospital policy for physicians to take medical photographs on their personal phones. Several of the photographs depict close up views of genitalia.
A December 2017 news release said the FBI was searching for information from people who had dealings with Rosenschein when he worked in northwest Arkansas:
On November 7, 2016, Detective Hartsock obtained a state search warrant for Defendant’s residence, which was executed the following day. During the execution of the search warrant, law enforcement located a 16-year-old boy (John Doe) inside Defendant’s bed wearing only underwear.
Defendant falsely identified John Doe as his nephew, but law enforcement later determined that John Doe was a former patient of Defendant’s.
The search of Defendant’s residence revealed numerous electronic devices that were seized for further analysis. The forensic analysis on most of the seized devices remains pending. Several of the devices are encrypted and will require further analysis in order to gain access. During the search law enforcement located a thumb drive attached to a keychain found in the ignition of Defendant’s vehicle, which was found to contain over one thousand images and videos of child pornography. This thumb drive is the subject of Count 3 of the indictment.
Defendant was first interviewed by Detective Kyle Hartsock during the execution of the search warrant and was later interviewed by FBI SA Marcus McCaskill. During his first interview, Defendant stated that John Doe was a former patient who stays with him from time to time. Defendant stated he owns two planes and a helicopter and has flown John Doe to several locations throughout the United States.
During his interview with SA McCaskill, Defendant admitted that he is sexually attracted to underage males “on occasion,” but has not had sexual contact with a minor since approximately 1994 in Paris.
When asked about chatstep.com, Defendant admitted that he has likely used the name “Carlo” in the past. Although he stated that he usually uses the name “Steve.” Defendant accepted responsibility for the thumb drive and stated that he obtained it in Europe several years ago. He stated that he had not looked at the thumb drive in approximately seven years, however the forensic data indicates that the files were accessed as recently as May 2016.
The complete forensic analysis of the seized thumb drive indicates that the device contained approximately 1,042 images and 78 videos of suspected child pornography. The initial file comparison from NCMEC indicates that Defendant possessed 41 files of previously identified children. Is it clear from the files contained on the thumb drive that the focus of the collection is prepubescent and pubescent minor males.
Following the execution of the first search warrant, federal law enforcement officers learned that Defendant’s home contained a “secret room” located inside the residence. This room was not discovered during the execution of the first search warrant.
Pursuant to a federal search warrant, agents re-entered Defendant’s residence and gained access to the room where they located two safes. Inside one of the safes, agents located five printed photographs depicting a dark-complected, possibly foreign-born, minor male child who was approximately 11 to 15 years of age based on body and pubic development.
Four of the photographs depicted the child nude in the shower. The time stamp on the back of the photo noted “Avril 94” (April 1994). Agents also located flight logs detailing an entry for travel to the Koh Kong province of Cambodia in March 1994.
An Apple iPhone3G was seized from Defendant’s office inside his residence. Defendant provided BCSO officials with the password to access this phone. The forensic analysis of the phone revealed a Yahoo Messenger account with the user name “cambodia1994.”
Hundreds of Yahoo chat messages were recovered from the phone, most of which focused on sexually explicit conversation. “Cambodia1994” primarily identified himself as “Steve” and claimed to be a teenage male living in the United States. “Steve” engaged in sexually explicit conversations with multiple users, often presenting himself as a minor working in a “club” and being forced to have sexual contact with adult males. “Steve” describes violent sexual experiences and how he is increasingly enjoying the contact.
(The next portions of the motion featured verbatim transcripts of the conversations.)
Law enforcement also seized an iPhone6 from Defendant’s residence. The forensic analysis of this phone revealed approximately one dozen photographs that appear to have been taken in a hospital or medical setting.
Investigators learned that it is against Presbyterian Hospital policy for physicians to take medical photographs on their personal phones. Several of the photographs depict close up views of genitalia.
A December 2017 news release said the FBI was searching for information from people who had dealings with Rosenschein when he worked in northwest Arkansas:
The Albuquerque Office of the Federal Bureau of Investigation (FBI) is seeking information from individuals who may have had contact with Dr. Guy Rosenschein in Arkansas.
Rosenschein, 64, of Albuquerque, N.M., worked in northwest Arkansas as a pediatric surgeon and pediatric urologist from approximately 2001 to 2012. Anyone with information regarding Rosenschein’s contact with minors should contact the Albuquerque Office of the FBI at (505) 889-1300.
Rosenschein was also practicing in Joplin at the same time that he was in northwest Arkansas.
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