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AO 91 (Rev.

5/85) Criminal Complaint


Case 3:10-mj-00033-TJS Document 1 Filed 07/19/10 Page 1 of 3

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SOUTHERN DISTRICT OF IOWA

UNITED STATES OF AMERICA

v.

ALEXANDER EVANS CASE NUMBER: 3:10-mj-33

I, the undersigned complainant being duly sworn state the following is true and correct to the best of my knowledge and belief.

Count 1

From on or about October 1, 2008, until March 3, 2009, in Johnson County, in the Southern District of Iowa defendant,
ALEXANDER EVANS did, knowingly receive visual depictions that had been shipped and transported in interstate and foreign
commerce, and which contained materials which had been so shipped and transported, by any means including by computer,
the producing of said visual depictions involving the use of minors, that is, persons under the age of eighteen (18) years,
engaging in sexually explicit conduct as defined in Title 18, United States Code, §2256(2), said visual depictions being of such
conduct in violation of Title 18, United States Code, Section 2252(a)(2), and (b)(1).

Count 2

On or about March 3, 2009, in Johnson County in the Southern District of Iowa, the defendant, ALEXANDER EVANS, did
knowingly possess one and more matters containing visual depictions that had been shipped or transported in interstate and
foreign commerce, and which were produced using materials which had been so shipped and transported, the producing of said
visual depictions involving the use of minors, that is, persons under the age of eighteen (18) years, and depicting minors
engaging in sexually explicit conduct as defined in Title 18, United States Code, §2256(2), said visual depictions being of such
conduct in violation of Title 18, United States Code, Section 2252(a)(4)(8), and (b)(2).

I further state that I am police officer with the Iowa City police Department in Iowa City, Iowa and that this Complaint is based
on the following facts set forth in the attached Affidavit in Support of the Complaint.

Continued on the attached sheet and made a part hereof: I:8J Yes D No

Michael Smithey, Detective


Iowa City Police Department
Sworn to before me and subscribed in my presence,

July 19. 2010 at Davenport. Iowa


Date City and State

Thomas J. Shields
Chief U.S. Magistrate Judge
Name & Title of Judicial Officer S.,""IOM of JJ Oln<"
Case 3:10-mj-00033-TJS Document 1 Filed 07/19/10 Page 2 of 3

AFFIDAVIT IN SUPPORT OF COMPLAINT

UNITED STATES OF AMERICA )

)
SOUTHERN DISTRICT OF IOWA )

Your Affiant, Michael Smithey, first being duly sworn, deposes and states that:

1. I am a police officer with the Iowa City Police Department and have been so
employed for the past 9 years.

2. This affidavit is in support of a complaint charging Alexander Evans of


Johnson County, Iowa, with violations of 18 U.S.C. § 2252, specifically, possessing,
receiving and distributing child pornography in interstate commerce, including by
computer.

3. Affiant has been involved in an investigation of child pornography violations


in the Iowa City area, to include the possession, receipt and distribution of child
pornography via computer and the Internet. My investigation has revealed that Alexander
Evans has been engaged in file-sharing with his computer located at his residence in order
to possess, receive and distribute child pornography images and video clips via the
Internet.

4. This investigation originated based on information received on or about


February 25, 2009 from a minor female by members of the Iowa City Police Department.
The female reported that on the evening of February 25,2009, she was at the residence of
Alexander Evans (Evans) when he sexually assaulted her. She also stated that while she
was at his residence he possessed marijuana and offered some of his marijuana to her.

5. On March 3,2009, members of the Iowa City Police Department conducted a


drug investigation in connection with Evans. Specifically, Officer Diersen took garbage
bags from the curb in front of Evans's residence, opened them, and examined the
contents. Officer Diersen found numerous stems and marijuana "blunts" in one of the
bags. The same bag contained mail addressed to Evans at that particular residence. With
this information, and additional investigation, Officer Diersen applied for and obtained a
search warrant for Evans's residence. A state judge approved the application and issued a
search warrant for the residence and directed the seizure of "[c]omputer equipment used
to record sales or purchases of controlled substances."

6. On March 3, 2009, officers searched Evans's residence pursuant to the above­


mentioned search warrant. During a search of the computer the police discovered images
of child pornography. The police stopped searching the computer and Officer Diersen
applied for another search warrant to search for and seize matters related to child
Case 3:10-mj-00033-TJS Document 1 Filed 07/19/10 Page 3 of 3

pornography. The computer was seized and submitted to a forensic computer examiner.
The examiner discovered thousands of images of child pornography including dozens of
graphic video clips of pre-pubescent children engaged in sexual conduct including oral
sex as well as depictions of bondage and sadism.

7. On March 3,2009, while other police officers were conducting a search of


Evans's residence, your affiant interviewed Evans. After being advised of his Miranda
rights, Evans waived his rights and answered questions posed to him. During the
interview, Evans admitted that he downloads a lot of stuff off of the internet including
pornography depicting children of all ages. Evans admitted that he uses file-sharing
programs and that he was sure that some of the images get shared 'by coincidence'
because when something gets downloaded into the download folder, it is a shared folder.
Evans exclaimed "I'm sure it's gotten shared many times over. "

8. When asked how far back the police would find that he had been searching for
child pornography, he responded: "A long time, because like I said, it is something that I
have a problem with". When asked, "Are we talking about a year, two years, five years?"
Evans responded, "Probably a long time". He was then asked, "Ten years?" And he
responded, "I don't know, I mean that computer is a year and a half old".

9. Based upon the foregoing there is probable cause to believe that Alexander
Evans has committed Unlawful Possession of Child Pornography in violation of 18
U.S.C. § 2252(a)(4)(B), and receipt and distribution of child pornography in violation of
18 U.S.C. § 2252(a)(2).

!J,rM Q~~~t
iChael Smithey
Iowa City Police Department
'­ ~

)
//
Subscribed and sworn to before me this {1 day of July 2010.

Thomas r. ~~iel¢s\
Chief U'.S. Magisttttte Judge

'JJ
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