E-FILED IN COUNTY CLERK'S OFFICE PIERCE COUNTY, WASHINGTON November 27 2012 3:17 PM

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TROY A FISHER,

SUPERIOR COURT OF WASHINGTON FOR PIERCE COUNTY STATE OF WASHINGTON, Plaintiff, vs. DECLARATION FOR DETERMINATION OF PROBABLE CAUSE CAUSE NO. 12-1-04416-5
KEVIN STOCK COUNTY CLERK

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Defendant.

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JARED AUSSERER, declares under penalty of perjury:

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That I am a deputy prosecuting attorney for Pierce County and I am familiar with the police report and/or investigation conducted by the OLYMPIA PD, incident number 2012-4825; That the police report and/or investigation provided me the following information; That in Pierce County, Washington, on or about the 23rd day of July, 2012, the defendant, TROY A FISHER, did commit the crimes of possession of depictions of minors engaged in sexual conduct in the first degree (11 counts) and possession of depictions of minors engaged in sexual conduct in the second degree (3 counts). According to his report, Detective Evers of the Olympia Police Department was one of many detectives investigating the disappearance of Troy Fisher. Fisher was reported missing on July 23, 2012. His niece and nephew were staying with him, and they contacted police when they awoke on the morning of July 23, 2012, and found Fisher was missing from his residence. In an attempt to locate Fisher, the police analyzed Fisher’s phone and computer because Fisher had recently fired an employee and there was a report of angry emails being sent to Fisher. Fisher remained missing until July 25, 2012, at approximately 0155 hours. Fisher called 911 from a payphone outside of a grocery store on the Westside of Olympia. Fisher was contacted and he was dehydrated and disoriented. He was bare foot and wearing a sweatshirt and pajama pants. Fisher was transported to the hospital for treatment. Detectives contacted Fisher at the hospital, and he had no memory of approximately 48 hours between July 23, 2012 and July 25, 2012. He reported that he could not sleep on the early morning of July 23, 2012, and decided to listen to music in his car so that he did not disturb his niece and nephew. He said that he recalled walking to his vehicle and then waking up under a bush two days later. Detective Evers contacted Detective Fayette, who had been analyzing Fisher’s computer in an effort to locate him, to get Fisher’s property returned to him. Fayette told Evers that she needed to reassemble Fisher’s computer, as the hard drive had been removed. Fayette contacted Evers a short time later to report that she had recovered what she believed to be depictions of minors engaged in sexually explicit conduct on Fisher’s computer. Fayette reported that she left Fisher’s computer in the process of imaging at approximately 1830 hours on July 24, 2012. When she returned to work on July 25, 2012 at 0630 hours she found that Fisher’s computer had finished imaging. The data that had been on Fisher’s computer had been imaged onto her computer and was being processed on Fayette’s computer when Fisher had been located. She allowed this process to complete while she was reassembling Fisher’s computer. At approximately 1200 hours on July 25, 2012, she had completed reassembling Fisher’s computer and her computer completed processing the imaged data on her computer. Fayette followed her normal operating procedure and verified that the processing of the imaged data had completed properly. This process required her to view thumbnail images to verify that they imaged properly. During this process she saw images of what appeared to be minors engaged in explicit conduct, and she stopped any further analysis. DECLARATION FOR DETERMINATION OF PROBABLE CAUSE -1
Office of the Prosecuting Attorney 930 Tacoma Avenue South, Room 946 Tacoma, WA 98402-2171 Main Office (253) 798-7400

12-1-04416-5

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These images were taken to Dr. Deborah Hall at the Providence St. Peter Hospital Sexual Assault Clinic and Child Maltreatment Center to determine if the images were of minors. Some of the images were very small and were distorted when they were enlarged, but she was able to determine that two of the images were clearly of children under the age of 18. On July 27, 2012, Evers was granted a search warrant for Fisher’s computer. A search of Fisher’s personal computer revealed 151 images of suspected depictions of minors engaged in sexual conduct. These were shown to Dr. Hall, who confirmed that eight of the images were clearly of children under the age of 18. These images were cataloged. Image 1 shows a nude adult white male sitting to the left of a white boy. The adult male’s hand is on his own crotch area. The boy is seated to the right of the adult male. The boy is wearing a green shirt with the number 15 on it. The boy is looking down at his own penis as it protrudes from the zipper of his tan colored pants. The boy has a hold of his own penis. The boy is determined to be between the ages of 10 to 13. Image 2 shows a Hispanic boy from mid face to his knees. The boy is sitting on the lap and facing away from an adult white male. The boy’s erect penis is visible. The adult male’s penis is anally penetrating the boy. The image only shows the adult male’s penis, scrotum, inner thighs, knees, and calves. The boy is determined to be between the ages of 11 to 14. Image 3 shows a nude white girl kneeling on a wood floor with her hands on her thighs. The girl’s breast and nipples are visible. The girl’s knees are on a green mat. The image shows an adult white male’s erect penis over the girl’s face. Only the male’s penis, left toes, and left thigh are visible. The girl’s mouth is open and there is a white opalescent substance on the girl’s face and chin. The girl was determined to be between ages of 10 and 14. Image 4 is titled “Initiation.com.” It shows a nude white boy standing on a lawn holding an adult white male’s erect penis in his hand. The boy is visible from the abdomen to the knees. The boy’s penis and testicles are fully exposed. The boy was determined to be between ages 11 and 14. Image 5 is titled “lesbianvirginteens.com.” This image shows a room with white and yellow curtains. There are two nude white girls. One nude girl is lying on her back and the second is sitting over the face of the other. The girl lying down has her mouth on the other’s vagina. Both are naked, and one of the girls was determined to be between the ages of 10 and 13. Image 6 shows an adult black male’s penis penetrating a white girl’s vagina. The penis is covered in a white opalescent substance. The girl is visible from the waste to the inner thighs. The girl’s vagina is exposed and being penetrated by the penis. The girl was determined to be between the ages of 10 and 14. Image 7 is titled “EUtwinkin.com.” It shows a nude white boy sitting on a tan leather chair. The boy is visible from the head to his crotch. The boy’s erect penis is visible in the image. The boy is holding up his right hand with his middle finger extended. The boy was determined to be between the ages of 11 and 14. Image 8 shows three nude white boys on straw. Two boys are lying on their backs and are visible from their head to their calves. Both boys’ flaccid penises are fully exposed. The third boy is on his hands and knees and appears to be attempting to stand. The boy’s penis is visible, but his face is not. One of the boys was determined to be between the ages of 11 and 14. Image 9 shows an adult white male penis penetrating the anus of a white boy. The image shows the boy from the waist to mid thigh. The boy is bent forward at the waist facing away from the adult male. The boy’s buttocks, anus, and testicles are visible. The boy was determined to be between the ages of 10 and 13. Image 10 is titled “Andy & Tony.” It shows a nude white boy sitting on a bed with a nude adult white male. The nude boy is sitting up right with his knees slightly bent up. The adult male is sitting up with his knees slightly bent and spread. The boy was determined to be between the ages of 10 and 13. Image 11 is titled “www.TerrorizedTwinks.com.” It shows a white boy lying on his back with his arms to his side. There is an adult white male with his crotch pressed against the boy’s buttocks. There is a second adult white male kneeling over the boy’s face, and he is holding his penis over the boy’s face. The boy was determined to be between the ages of 10 and 13. (This image was also located on the computer from the Capital Playhouse.) Fisher was arrested and asked about images that may be found on his computer. He confirmed that this computer was his, stating, “it’s only ever belonged to me.” He went on to state that anything found on that computer would belong to him. He was told about the images that were located on his computer and he initially denied downloading or viewing these images. Fisher then admitted that there were probably DECLARATION FOR DETERMINATION OF PROBABLE CAUSE -2
Office of the Prosecuting Attorney 930 Tacoma Avenue South, Room 946 Tacoma, WA 98402-2171 Main Office (253) 798-7400

12-1-04416-5

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thousands of pornographic images on his computer and that he looks at gay porn on a regular basis. He reported that he looks at the images and then deletes them from his computer. Fisher claimed that when he searched the internet “a millions things open up” and that unsolicited images came up constantly. He claimed that any viewing of child pornography would have been unintentional. Fisher then told detectives that he had also viewed pornography on two computers located at the Capital Playhouse, and gave general time frames that he viewed these images. Fisher described these computers for detectives. The detectives then contacted Capital Playhouse Board Members, who consented to a search of the computers described by Fisher. Fayette found 23 images of suspected depictions of minors engaged in sexually explicit conduct on one of these computers. Dr. Hall was able to determine that three of the images located on this computer were clearly of children under the age of 18. Image 1 was the same as image 1 described above, which was located on Fisher’s home computer. Image 2 shows a white boy from the waist to his knees. The boy is sitting on the lap and facing away from an adult white male. The adult’s penis is anally penetrating the boy. The boy was determined to be between the ages of 11 and 14. Image 3 is titled “www.TerrorizedTwinks.com.” It shows a white boy wearing a light blue tank top and he is lying on his back with his arms at his side. They boy’s legs are up with his knees bent towards his chest. There is an adult white male with his crotch pressed against the boy’s buttocks. A second adult white male is kneeling over the boy’s face. The second adult is holding his penis over the boy’s face. The boy was determined to be between the ages of 10 and 13. Detectives contacted Fisher’s niece and nephew to document the time frame that they had access to Fisher’s computer. They were able to confirm the times that they used Fisher’s computer and matched the cites that they said they had viewed. Detectives also contacted the other house guest that Fisher claimed may have had access to his computer to establish when and what he may have viewed. A forensic analysis of Fisher’s computer showed specific dates and times that websites were accessed. Fisher’s computer viewed “YoungBoyHorny.com” on June 23, 2012 and June 26, 2012, “Unknowntwinks.com” on July 20, 2012, “TerrorizedTwinks.com” on July 20, 2012, “BoyGusher.com” on July 20, 2012, “BoysFirstTime.com” was accessed on two occasions on July 20, 2012, “EUTwinkin.com” on July 20, 2012, “BoysXtra.com” on July 20, 2012, “FuckHotBoys.com” on July 6, 2012, “TeenBoyIsland.com”, “Teen-couples.thumblogger.com”, “TeenGayHardcore.com”, “Twinkspounded.com”, “Daddystrokes.com”, “Discipline4boys.com”, “HotBoysAtPlay.com”, “BoysFeast.com”, and “Boyztube.com” were all accessed on the computer at unknown times. The National Center for Missing and Exploited Children confirmed that nine of the seventeen listed websites are involved in active law enforcement investigations for depictions of minors engaged in sexual conduct. The Internet Crimes Against Children task force confirmed that the term “Twink” is a gay slang term for a young male between the ages of 16-25 years of age involved in sexual conduct. I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF WASHINGTON THAT THE FOREGOING IS TRUE AND CORRECT. DATED: November 27, 2012 PLACE: TACOMA, WA

/s/ JARED AUSSERER JARED AUSSERER, WSB# 32719

DECLARATION FOR DETERMINATION OF PROBABLE CAUSE -3

Office of the Prosecuting Attorney 930 Tacoma Avenue South, Room 946 Tacoma, WA 98402-2171 Main Office (253) 798-7400

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