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Samuel Martinez Gonzalez sex trafficking affidavit

Samuel Martinez Gonzalez sex trafficking affidavit

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Published by: The Dallas Morning News on Aug 17, 2011
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AFFIDAVIT I, Monica Abend, being duly sworn, do hereby depose and state: I. INTRODUCTION 1.

I am a Special Agent (“SA”) with the Department of Homeland Security (“DHS”),

Homeland Security Investigations (“HSI”), currently assigned to Office of the Assistant Special Agent in Charge, Orange County, California (“HSI Orange County”) and have been so employed since January 2002. I have conducted, participated in and/or received training in numerous investigations of criminal activity, including, but not limited to, the investigation of narcotics, money laundering, fraud, child pornography, alien smuggling, human trafficking, and Title III wire communication interception investigations. During investigation of these matters, I have executed, and participated in the execution of, search warrants, and have seized evidence in violation of the United States Code. As part of my daily duties as an HSI agent, I investigate criminal violations relating to child exploitation and human trafficking. I have received training in the area of child pornography, child exploitation and human trafficking. II. PURPOSE OF AFFIDAVIT 2. This affidavit is made in support of a criminal complaint against Samuel Martinez

GONZALEZ (“GONZALEZ”), for a violation of Title 18, United States Code, Section 2423(a): Transportation of Minors with Intent to Engage in Criminal Sexual Activity. The statements contained in this affidavit are based upon my training and experience, information provided to me by other investigators, other law enforcement officers, and witnesses as part of this investigation. This affidavit is intended to show that there is sufficient probable cause for the requested criminal complaint and does not purport to set forth all my knowledge of, or 1

investigation into, this matter. III. PROBABLE CAUSE Background Information and Identification of Gonzalez 3. On August 12, 2011, at approximately 2:12 p.m., an email was forwarded to me

from Human Trafficking Group Supervisor (“GS”) Rebecca Peters of Homeland Security Investigations, Office of the Special Agent in Charge Dallas, Texas. Three minor females hereinafter referred to “VR”, “ST” and “JT,” who left residences in Irving, Texas were possibly being drugged and forced into prostitution in Orange County, California. I communicated with GS Peters via phone and email. GS Peters provided me with a copy of The National Center for Missing and Exploited Children (“NCMEC”) Intake Report, Case number: 1177707 which I reviewed and learned the following: a. On August 12, 2011, at approximately 11:23 a.m., a call was taken

regarding an endangered runaway. The report’s narrative reads, “The 15 year-old child is listed in NCIC as Missing Person Juvenile. The child was temporarily staying with her aunt when she ran away, because the caller had to spend a week incarcerated due to traffic tickets. On the missing date, the child ran away with the companions. The mother of two of the companions, JT and ST, said an unknown man had promised to get them jobs if they provided him with their social security numbers. The caller's relatives found an advertisement on backpage.com, in the Orange County, California, section, advertising the companion, ‘Asia,’ for prostitution. The ad was titled ‘100% real all night specials.’" On August 9, 2011, during the night, the child (VR) called her grandmother. She said she and the companions had driven to California. The child remembered seeing a sign for Orange County. She said they were staying in a hotel. The child 2

sounded very disoriented and she did not seem to know what day of the week it was. The caller did not know if the child took clothing or belongings with her. The child did not have access to money. b. The “Child Information” on the NCMEC Intake Report reflects the name

as VR; a date of birth reflecting that she is currently 15 years old; Country of Birth: United States; Missing Date/Time: August 6, 2011; Missing Location: Home – Single Story; Missing City: Irving; Missing County: Dallas; State: TX; Missing Country: United States; Missing Location Detail: Aunt’s house – March Street; Suspected Prostitution: August 12, 2011. c. The section titled “Companion, Suspect, Abductor, Witness or Other”

provided four possible minor companions, ST, JT, PR, and “Asia.” 4. On August 12, 2011, I communicated with GS Peters and Irving Police

Department Investigator Rodney Bergeron (Inv. Bergeron) telephonically and via email and learned the following: a. A relative of VR reported that on August 6, 2011, VR left her residence in

Irving, Texas with two other female juveniles (ST and JT). VR’s relative found an advertisement on backpage.com in the Orange County, California section advertising the companion, “Asia,” for prostitution. The ad was titled, “100% real all night specials.” b. On August 9, 2011, VR called her grandmother from phone number (714)

322-XXXX. The grandmother stated that VR told her that she and her companions had driven to California and that VR remembered seeing a sign for Orange County. VR also said she was staying in a hotel. The grandmother stated that VR sounded disoriented and she did not seem to know what day of the week it was. 3

c.

On August 12, 2011, Irving P.D. Patrol Officers responded to the

residence of ST and JT to speak with their mother. The mother advised that ST or JT called her that day, from phone number (714) 322-XXXX, advising her that they were in Orange County, California, being forced to take drugs and participate in prostitution. d. Through the investigation, Inv. Bergeron learned that VR, ST and JT were

probably in Orange County, California with a subject by the name of “Samuel GONZALEZ Martinez.” GONZALEZ often travels to California and has a cell phone number of (714) 322XXXX. e. Inv. Bergeron was further able to identify GONZALEZ as Samuel

Martinez GONZALEZ, with a date of birth of August 15, 19XX (approximately 26 years old). f. Inv. Bergeron obtained pictures of the three minor females, VR, ST and JT

and sent me electronic copies. g. Inv. Bergeron obtained photos of GONZALEZ obtained from an

individual he interviewed by the name of PR and electronically sent me copies of those photos. 5. On August 12, 2011, I ran queries in various DHS databases and learned that

Samuel Martinez GONZALEZ, date of birth August 15, 19XX, is a legal permanent resident in the United States. GONZALEZ is assigned Alien Registration Number, AXX-XXX-271. 6. On August 12, 2011, SA Tamara Sopka ran queries in DHS databases and was

able to obtain a copy of the photograph used on GONZALEZ’s Alien Registration Card (AXXXXX-271). 7. On August 12, 2011, SA Kim Speakman ran queries in the California Department

of Motor Vehicles database and learned the following: 4

a. has been suspended; b.

GONZALEZ has a California Driver’s License (Number D8420943) that

DMV records show GONZALEZ’s address as 521 S. Lyons Street, Apt.

13, Santa Ana, California 92701; c. SA Speakman was also able to obtain GONZALEZ’s photo from this

California Driver’s License that was taken on August 27, 2009. 8. SA Speakman and I compared the California driver’s license photo of

GONZALEZ and the photos that Inv. Bergeron provided of GONZALEZ, and agreed that it appeared to be the same person. 9. On August 12, 2011, I obtained subscriber information for the telephone number

(714) 322-XXXX, historical GPS data, and real time GPS coordinates. Subscriber information indicated that the financially liable party and user for the prepaid phone as “David Diaz,” 521, S. Lyon Street, Unit 13, Santa Ana, CA 92701. Surveillance Activities and Recovery of JT 10. On August 12, 2011, at approximately 4:50 p.m., Orange County Sheriff’s

Department (“OCSD”) Investigator (“Inv.”) Wade Walsvick, and HSI SA Kelly Kottas, SA Mark Hanson, and SA Ron Perez initiated surveillance. Information resulting from the real-time GPS coordinates associated to the cellular telephone believed to belong to GONZALEZ indicated the cellular telephone was in or around the area of Interstate 5 freeway and Fourth Street in the city of Santa Ana, California. 11. At approximately 6:20 p.m., SA Perez observed a Hispanic male and three

females walking southbound on Elk Lane, just south of Fourth Street, in Santa Ana, California. 5

SA Perez recognized the Hispanic male subject as GONZALEZ based on the California driver’s license photograph provided by SA Speakman. In addition, SA Perez recognized one of the accompanying females, who was wearing a tank top and long athletic shorts, as one of the reported missing females from Irving, Texas. 12. At approximately 6:22 p.m., Inv. Walsvick, SA Kottas, SA Hanson, and SA Perez

made contact with the Hispanic male and the three females. Inv. Walsvick detained the Hispanic male who identified himself as GONZALEZ while SA Hanson detained the three females. 13. Inv. Walsvick conducted a pat-down of GONZALEZ for officer safety purposes.

GONZALEZ was in possession of a wallet, a box of cigarettes, and four receipts. SA Kottas reviewed the items in wallet and observed a color photocopy of GONZALEZ’s California driver’s license, business cards, bank cards in the name of Samuel GONZALEZ, and $513 in US currency. In addition, a Texas driver’s license, issued to a 21 year old female, and a United States passport card issued in the name of Dana Baquing. 14. SA Kottas also reviewed the receipts. According to the receipts, on or about

August 11, 2011, eight items were purchased at a Walmart located in Santa Ana, California. Among the items purchased were condoms. 15. At approximately 6:30 p.m., SA Nicole Freeman notified the Santa Ana Police

Department (“SAPD”) of the enforcement action and at approximately 6:45 p.m., SAPD Detective Jeff Launi arrived on scene at Elk Lane to assist. 16. Inv. Walsvick, Det. Launi, and SA Kottas attempted to interview the three

females. The three females were uncooperative and provided various names and dates of birth. SA Kottas and Inv. Walsvick reviewed the photograph of JT previously provided by Inv. 6

Bergeron and positively identified the female wearing a tank top and long athletic shorts as JT. After providing numerous false identifiers, Inv. Walsvick and Det. Launi positively identified the three females as JT, date of birth XX/XX/1996, DG, date of birth XX/XX/1993, and Dana Baquing, date of birth XX/XX/1992. 17. During an interview of Baquing, Inv. Walsvick learned that Baquing had rented a

room at the Motel 6 located on Chapman Avenue in the city of Orange, California. Baquing told Inv. Walsvick the room number was 312 and that ST and VR were located there. 18. At approximately 7:50 p.m., HSI GS James Jones and SA Perez transported

GONZALEZ to the HSI office, located in Santa Ana, California, for further questioning. GONZALEZ requested that his property be release to Baquing. At approximately 8:10 p.m., Baquing departed the area on foot. 19. At approximately 8:45 p.m., HSI SA Tamara Sopka and SA Brittany Barclay

transported JT to the HSI office, located in Santa Ana, California, for further questioning. 20. At approximately 8:47 p.m., the cellular telephone identified as belonging to

Samuel GONZALEZ and detained for further investigation received an incoming call from telephone number 213-828-XXXX. Det. Launi answered phone. The caller asked for “Sam” and Det. Launi informed the caller that “Sam” was at the store and asked what the caller wanted. The caller indicated he was calling to arrange sexual services. The duration of the call was approximately 49 seconds. 21. At approximately 9:40 p.m., DG was released to her stepfather.

7

Recovery of VR and ST at Motel 22. On or about August 12, 2011, at approximately 7:45 p.m., HSI SA Speakman and

SA Freeman responded to the Motel 6 hotel, located at 2920 West Chapman Avenue, Orange, California, for a welfare check regarding reports that numerous female juveniles, who were identified as missing persons from Irving, Texas, were staying in room #312. Orange Police Department (“OPD”) Officer Bailey, as well as other OPD officers responded with HSI agents. SA Speakman knocked on the door of room #312. VR opened the door of the motel room and allowed HSI agents and OPD officers inside. Inside the room, HSI agents and OPD officers located ST. SA Freeman recognized ST and VR from their photographs which were previously provided to HSI by Inv. Bergeron. SA Freeman asked the girls their names, and both girls identified themselves by their true names, VR and ST. VR stated she was 15 years old and ST stated she was 16 years old. HSI agents quickly completed a security sweep of the room for officer safety. 23. While the security sweep was being completed, VR and ST were told that they

had been reported as missing persons by their respective families. Both VR and ST expressed to investigators how happy they were that the police had found them and would take them home to their families in Texas. 24. VR and ST were located in the room together, alone, and were in control of the

domain. VR and ST both allowed HSI agents and OPD officers to search the motel room. SA Freeman located a wallet on the room entertainment center. In the wallet, SA Freeman located a Visa debit card in the name of Samuel M GONZALEZ, as well as laminated membership card for Garland Public Shooting Range, a firearms shooting range located in Garland, Texas. VR 8

and ST stated that GONZALEZ was the man who drove them from Texas to California to “kick it.” 25. In the bathroom, SA Freeman located a large, empty box of condoms lying on the

floor of the bathroom next to a full, overturned trash can. Inside the trash can, SA Freeman saw what appeared to be numerous pieces of rolled up toilet paper. Based on SA Freeman’s training and experience, she knows it is common for rooms utilized by prostitution rings to dispose of used condoms by wrapping said condoms in toilet paper and throwing them in bathroom trash cans. SA Freeman also located an inordinate amount of women’s clothing in the room, including high heeled shoes and dresses. SA Speakman photographed the room, as well as the bathroom. 26. SA Freeman and SA Speakman transported VR and ST to the HSI office located

in Santa Ana, California. Upon arrival at the HSI office, VR and ST were provided with food and beverage. Both juveniles were allowed to telephone family members, but declined to do so at that time. Interview of ST 27. At approximately 10:30 p.m., SA Freeman and SA Sopka interviewed ST. The

interview was audio recorded. The following is a brief summary of the interview of ST: a. ST stated that while in Texas, she, her sister JT and her friend VR met

GONZALEZ. They were introduced to GONZALEZ through PR a friend of ST’s and the exgirlfriend of GONZALEZ. b. While in Texas, GONZALEZ asked JT, ST, and VR if they wanted to go

to California with him to hang out and “go to the beach.” All three juveniles accepted the offer to go to California with GONZALEZ. PR advised ST that GONZALEZ was a “pimp” and that 9

GONZALEZ forced PR to work as a prostitute while in California with GONZALEZ on a prior trip. ST decided to go to California anyway, believing that PR was jealous. GONZALEZ drove ST, JT, VR, and Dana Baquing from Texas to California. ST stated that Baquing was presented to them as being GONZALEZ’ “home girl,” named “Asia.” c. In California, GONZALEZ and Baquing took JT, ST, and VR to a motel

in Orange, California, which was being paid for by GONZALEZ and Baquing. Another juvenile female, DG also began staying at the motel with them. GONZALES, Baquing, JT, ST, VR and DG all resided in the motel room and spent consecutive nights at the motel. d. During their stay in California, JT, VR, and ST often stayed in the motel

room, and occasionally left to walk around the immediate area. GONZALEZ told ST she was not allowed to call her family members because GONZALEZ did not want her family members to know where she was. GONZALEZ did allow VR to make a telephone call to her grandmother. e. During the time at the motel, ST witnessed GONZALEZ strike DG in the

face with his hand with enough force to cause DG to sob. GONZALEZ stated that he (GONZALEZ) hit DG because DG was “acting stupid.” On occasions, GONZALEZ attempted to strike JT, telling ST that JT was “acting stupid.” At that time, ST became very fearful of GONZALEZ. f. Baquing and DG have cellular telephones which are utilized to talk to

clients calling the women for the purposes of arranging a meeting. g. On or about August 11, 2011, GONZALEZ, Baquing, DG, JT, VR and ST

went clothes shopping in the city of Santa Ana, California. GONZALEZ bought “hoochie” dresses and high heels for Baquing and DG for their “job” and told ST to get a “hoochie dress.” 10

ST refused but GONZALEZ bought her a dress regardless. Later they returned to the motel, where Baquing and DG began getting dressed in “make up and hoochie dresses.” ST assumed Baquing and DG were going to a club, but GONZALEZ said, “No, I pimp these girls out” and that the girls “fuck for money.” GONZALEZ asked ST if she wanted to work (as a prostitute) for him. ST told him “no.” GONZALEZ became angry but then tried to convince ST into working for him (as a prostitute) saying it would be “fun.” ST again declined. GONZALEZ also approached JT and VR about working for him (as prostitutes). h. Later that day, all parties went to a Wal-Mart store, where GONZALEZ

purchased two large boxes of condoms, which he later gave to Baquing and DG. ST stated that the empty box of condoms investigators found at the motel room on August 12, 2011, was one of the boxes of condoms GONZALEZ had purchased earlier that day on or about August 11, 2011. i. Later that same evening on August 11, 2011, GONZALEZ took DG,

Baquing, JT, ST, and VR to a taco restaurant. Shortly after eating, GONZALEZ told DG and Baquing to “go get on the streets.” DG and Baquing then left the restaurant, while GONZALEZ, JT, VR, and ST stayed at the restaurant. A short time later, Baquing and DG returned with money, which they gave to GONZALEZ. GONZALEZ told ST that he (GONZALEZ) “pimps them out,” referring to forcing Baquing and DG to work as prostitutes, further stating that this activity is how “we get money out here.” j. ST only knows of two women (Baquing and DG) who work as prostitutes

for GONZALEZ. GONZALEZ does not allow Baquing or DG to go anywhere without his permission or his accompaniment. ST stated that Baquing is 18 years old and that DG is 17 years old, but that ST did not believe that was true as she believed DG looked 15 or 16 years old. 11

k. Interview of VR 28.

ST stated that Baquing and DG are both afraid of GONZALEZ.

On or about August 13, 2011, at approximately 12:10 a.m., SA Freeman and SA

Kottas conducted an interview of VR. The interview was recorded and the following is a brief summary of the interview: a. While VR was in Texas, VR met GONZALEZ through a friend named

PR. GONZALEZ invited VR to come to California with him and go to the beach. GONZALEZ also invited VR’s friends, JT and ST. VR, JT, and ST accepted the invitation and accompanied GONZALEZ and his girlfriend Dana Baquing, also known as “Asia,” to California. The five of them all drove together in the same car only making stops at rest areas. VR stated that prior to leaving for California, GONZALEZ was aware that she was 15 years old. b. After arriving in California, Baquing rented a room at a Motel 6 under her

name. GONZALEZ, Baquing, VR, JT and ST all stayed together in the one motel room. GONZALEZ and Baquing slept in one bed while the three other girls slept in the second bed. Baquing also brought along her dog to the hotel room. c. On or about August 11, 2011, GONZALEZ took all the girls shopping for

clothing. Also present was DG. GONZALEZ purchased a shirt for VR. GONZALEZ then took all of the girls to Walmart where VR remembers GONZALEZ purchasing condoms and giving the condoms to DG and Baquing. d. VR stated that they then went to a restaurant and while there DG and

Baquing began telling VR, JT, and ST “the rules.” One such rule was not talking to African Americans because they are all pimps. Another rule was that the phone GONZALEZ gave the 12

girls was only for work. While at the restaurant DG and Baquing would leave and return with money which they gave to GONZALEZ. e. VR stated that GONZALEZ expected them (VR, JT, and ST) to work for

him and that taking them to watch Baquing and DG working was a hint. f. VR stated that she remembered one time where she had to leave the motel

room because DG had a man come to the room. VR stated she went to the pool and waited. Afterwards DG gave money to GONZALEZ. g. VR stated that once they were in California GONZALEZ told them he was

a pimp. VR also stated that DG and Baquing called the guys, “tricks” and they had to give the money they got from selling their bodies to GONZALEZ. Interview of Gonzalez 29. On August 12, 2011, at approximately 11:00 p.m., SA Perez and I interviewed

GONZALEZ. SA Perez and I identified ourselves to GONZALEZ as law enforcement officers. I read GONZALEZ his Miranda Rights, and he then read them himself. GONZALEZ signed the waiver form and agreed to speak with us. GONZALEZ told us the following: a. GONZALEZ stated that his name is Samuel Martinez GONZALEZ, his

date of birth is August 15, 19XX and that he was born in Mexico. His immigration status in the United States is that of a legal permanent resident. He currently lives in a hotel with his girlfriend Dana Baquing but is planning on renting an apartment soon. b. GONZALEZ stated that he had been in California for a month and two

weeks then he went back to Texas with Baquing and stayed for two weeks. While he was in Texas, he met up with a friend named “Grace” (believed to be PR). 13

c.

“Grace” told GONZALEZ that she wanted to come along on the trip to

California. GONZALEZ told “Grace” that she could go with them as long as she understood that Baquing was his girlfriend and she did not disrespect Baquing. “Grace” asked if her friends could also go to California. GONZALEZ asked “Grace” if it was okay for her friends to go and “Grace” told GONZALEZ that it was okay and the friends had already asked their parents. d. GONZALEZ stated that he took all three girls to their residences to pick

up the clothes they would take with them. (GONZALEZ also claimed he doesn’t know the girls names). GONZALEZ stated that when he took VR to her residence to get her clothes, it looked to him like everything was fine. He observed VR walk to her residence and walk back to the car. GONZALEZ stated it did not appear to him as if she was running away or running from anybody. GONZALEZ asked VR if everything was fine and she stated yes. e. GONZALEZ stated that he next had to take, “them” over to “their” house

to get “their” clothes. I clarified that he was talking about the two sisters (JT and ST) and he stated he was talking about the two sisters. GONZALEZ stated that they were taking a longer time and he went to see why the sisters were taking so long. He found them talking on the steps and GONZALEZ stated they asked him if he was ready to go. GONZALEZ told the sisters he was waiting on them and whether or not they stay or go he had to leave. GONZALEZ told ST and JT he needed to go to California. f. GONZALEZ stated that “Grace” decided not to go with them to

California. GONZALEZ told me that he, Baquing, and the three girls from Texas left last Saturday evening (August 6, 2011). Because the car did not have air conditioning, the group drove through the night. They stopped once at a Motel 6 in an unknown location in New 14

Mexico. GONZALEZ believed it was not far from Amarillo, Texas because they were receiving radio reception from that location. g. GONZALEZ stated that when the group first arrived in California they

checked into an Econolodge motel possibly in Garden Grove, California. They later checked into the Motel 6 in Orange, California off the Interstate 5 North and Chapman. GONZALEZ stated the group has been at the Motel 6 the whole time. h. GONZALEZ stated that he did not know the girls names and he believed

two of the girls were eighteen years of age and one was nineteen years of age. GONZALEZ stated he did not have a lot of interaction with the girls because he spent most of his time with Baquing and her friend, DG. GONZALEZ claimed that he didn’t ask the girls for money and he did not know if they gave Baquing any money. GONZALEZ stated that while he was in Texas a police officer asked him if he was having the girls work as prostitutes. // // // // // // // // // // 15

IV. CONCLUSION 30. Based on the facts set forth herein, and based on my training, education,

experience, and participation in this investigation, there is probable cause to believe that SAMUEL MARTINEZ GONZALEZ, violated Title 18, United States Code, Section 2423(a): Transportation of Minors with Intent to Engage in Criminal Sexual Activity.

_______________________________ Monica Abend Special Agent Homeland Security Investigations

SUBSCRIBED TO AND SWORN BEFORE ME THIS _____ DAY OF AUGUST 2011

_________________________________________ UNITED STATES MAGISTRATE JUDGE

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