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%A091 ( R e v . 3 )
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I UNITED STATES DISTRICT COUL
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Southern DISTRICT OF
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P UNITED STATES OF AMERICA
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(Name and Address of Defendant)
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I, the undersigned complainant state that the following is true and correct to the best of my
knowledge and belief. On or about 71231201 3 in Galveston County, in
(Date)
the Southern District of Texas defendant(s) did,
(Track Statutory Language of Ofewe)
produced child pornography knowing it would be distributed in or using any means or facility of interstate or foreign
commerce and distributed any child pornography that has been mailed, or using any means or facility of interstate
or foreign commerce shipped or transported in or affecting interstate or foreign commerce by any means, including
by computer
in violation of Title 18 United States Code, Section(s) 2251 (a), 2252A(a)(2)(A) & .
I further state that I am a(n) FBI Special Agent and that this complaint is based on the
Official Title
following facts:
See the attached affidavit of FBI Special Agent Richard Rennison
Continued on the attached sheet and made a part of this complaint: Ye
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Signature of Complainant
Richard Rennison
Printed Name of Complainant
Sworn to before me and signed in my presence,
at
John R. Froeschner U.S. Magistrate
Name of Judge Title of Judge
Case 3:13-cr-00020 Document 1 Filed in TXSD on 08/08/13 Page 1 of 6
AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT
I, Richard Rennison, being duly sworn, depose and state:
1. I am a Special Agent, employed by the Federal Bureau of Investigation (FBI), and
assigned to the Houston Division, Texas City Resident Agency. I have been a Special Agent for
over ten years, and a municipal police officers for over ten years prior to my employment with
the FBI. I am charged with the duty of investigating violations of the laws of the United States,
collecting evidence in cases in which the United States is or may be a party in interest, and
performing other duties imposed by law. During my employment with the FBI, I have
participated in the execution of search warrants for documents and other evidence, including
computers and electronic media, in cases involving child pornography and the sexual
exploitation of children. I have investigated many cases involving child pornography and the
sexual exploitation of children. I have also participated in various FBI mandated and volunteer
training for the investigation and enforcement of federal child pornography laws in which
computers are used as the means for receiving, transmitting, and storing child pornography.
2. This Affidavit is made in support of a criminal complaint charging DONALD
JOHN POST with violating 18 U.S.C. $8 225 1 (a) and (e), which makes it a crime to produce and
attempt to produce child pornography, and 18 U.S.C. $8 2252A(a)(2)(A) and (b)(l), which
makes it a crime to distribute and attempt to distribute child pornography.
3. 1 am familiar with the information contained in this Affidavit based upon the
investigation I have personally conducted and my conversations with other law enforcement
officers involved in this investigation, or who have engaged in numerous investigations
involving child pornography.
4. Because this Affidavit is being submitted for the limited purpose of securing a
Case 3:13-cr-00020 Document 1 Filed in TXSD on 08/08/13 Page 2 of 6
criminal complaint, I have not included each and every fact known to me concerning this
investigation, I have set forth only those facts that I believe are necessary to establish probable
cause that evidence of a violation of 18 U.S.C. $5 2251(a) and (e), as well as 18 U.S.C. $8
2252A(a)(2)(A) and (b)(l) has been committed by DONALD JOHN POST on or about July 23,
201 3. Where statements of others are set forth in this Affidavit, they are set forth in substance
and in part.
5. In the course of an investigation into illegal child exploitation activity, agents
with the FBI discovered a website ("Subject Website") primarily dedicated to the advertisement
and distribution of child pornography and the discussion of matters pertinent to incest and
pedophilia. Law enforcement agents have observed dozens of images and videos containing
child pornography posted on the Subject Website. Subsequent investigation revealed that a file,
file name "TA72932-000066978.jpg", containing an image of child pornography ("Subject
Image"), described below, was posted on the Subject Website.
6. The Subject Image, which was posted on the Subject Website by an unknown
user, contains a close-up image of what appears to be an adult male's left hand pulling aside the
underwear of a prepubescent female child, exposing her genitals to the camera. The child's
exposed genitals are the focal point of the Subject Image. Based on the sheetslblankets visible, it
appears the adult male had a flashlight or camera flash directed on the child's exposed genitals
and that the child may be asleep or unconscious. Also visible in the photo is a leather couch that
the child was laying on.
7. Forensic examination of the file containing the Subject Image revealed that it
contains hidden data about, among other things, the creation, place and method of the image
(termed, herein, "metadata"). Through analysis of the metadata, agents determined the GPS
Case 3:13-cr-00020 Document 1 Filed in TXSD on 08/08/13 Page 3 of 6
coordinates 29 deg 29.4400 N 95 deg 9.7400 W and the make and model of the device utilizing
to take the image was an Apple iPhone 4. Additionally, the metadata indicates this image was
taken on 07/23/2013 at 00:55:11.
8. Using a publically available website, Yahoo Maps, the GPS coordinates 29 deg
29.4400 N 95 deg 9.7400 W resolved to an address in close proximity to 6208 Silver Leaf Drive,
League City, Texas 77573 ("'Neighbor's Residence").
9. Afiant and FBI Task Force Officer (TFO) Russell Ackley, along with other
agents and local police officers travelled to the Neighbor's Residence and made contact with the
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occupants of the Neighbor's Residence ("Neighbors"). Affiant explained their purpose in
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contacting the Neighbors. Affiant then asked to see the inside of the Neighbor's Residence to
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determine if they had a leather couch similar to the one depicted in the Subject Image. The
Neighbors allowed Affiant and TFO Ackley into their residence, where Affiant and TFO Ackley
learned that they did not have a leather couch similar to the one depicted in the Subject Image.
In conversing with Affiant and TFO Ackley, the Neighbors explained that their children were
much older than the child depicted in the Subject Image and that they had no younger females
who have visited or stayed at their residence in the recent past. Finally, Affiant asked the
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Neighbors what kind of cellular phone(s) they had and learned that they did not have an Apple
iPhone 4 .
10. Seeking additional information on the Subject Image's place of creation, FBI SSA
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Rasmussen contacted FBIHQ and inquired about the accuracy of the geo-locate function is on
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the iPhone 4. SSA Rasmussen was told it was accurate to approximately 100 feet. A local
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database check was conducted and Affiant learned that a registered sex offender lived at 6208
Silver Leaf, a residence within approximately 100 feet of the Neighbor's Residence. The record
Case 3:13-cr-00020 Document 1 Filed in TXSD on 08/08/13 Page 4 of 6
showed that the offender, DONALD JOHN POST, had previously been convicted of aggravated
sexual assault of a child.
1 1. Upon learning this information, Affiant and TFO Ackley went to 6208 Silver
Leaf, League City, Texas, and made contact with POST. Affiant explained to POST that he and
TFO Ackley were conducting an investigation regarding child pornography. POST stated that,
approximately two weeks previous-at approximately the time when the Subject Image was
created-POST had had children present at his residence, including a four-year old female.
Affiant asked POST if he could go inside POST's residence at 6208 Silver Leaf and look at the
furniture. POST agreed and let Affiant and TFO Ackley inside the house. Once inside, Affiant
noticed a leather couch and love seat in the living room area that appeared to match the couch in
the Subject Image. Affiant asked POST what kind of cellular phone he had and POST stated he
had an iPhone 4.
12. Affiant and TFO Ackley then asked POST if he would be willing to talk more
about the situation in TFO Ackley's car. POST agreed and followed Affiant and TFO Ackley to
the car, where he sat down in the front passenger seat. Once inside the car, TFO Ackley began
recording the conversation with a small digital recorder. Prior to asking any questions, Affiant
told POST that he was not under arrest, that he was free to get out of the car any time he wanted,
and that he would not be arrested for leaving. After several minutes of talking, POST admitted
that the Subject Image was one in a series of pictures that he had taken on his iPhone 4 of the
four-year-old female who had been present at POST's residence approximately two weeks prior.
POST stated that he took approximately 10-12 photos of the child while she was sleeping and
that she did not wake up while he took the photos. POST said that he then connected his
iPhone4 via a USB cable to his HP laptop computer and transferred the photos to the computer.
Case 3:13-cr-00020 Document 1 Filed in TXSD on 08/08/13 Page 5 of 6
Once on the computer, POST uploaded the photos via the internet to a chat group that he
believed to be anonymous. POST said that he erased the photos from the laptop and his iPhone 4
after uploading them.
13. TFO Ackley and Affiant then asked POST for his consent to conduct a forensic
examination of POST'S HP laptop and iPhone 4. POST agreed and signed a form stating that he
consented in giving the items to law enforcement as well as consenting for them to being
searched. Having received consent, TFO Ackley took possession of the two items.
14. Based upon the information set forth above, I believe that probable cause exists
for the issuance of a Criminal Complaint charging DONALD JOHN POST with a violation of 18
U.S.C. $8 225 1 (a) and (e), which makes it a crime to produce and attempt to produce child
pornography, and 18 U.S.C. 2252A(a)(2)(A) and (b)(l), which makes it a crime to distribute
and attempt to distribute child pornography.
Afiant, Richard Rennison
Sworn to and subscribed before me this fld day of August, 20 1 3.
States Magistrate Judge
District of Texas
Galveston Division
Case 3:13-cr-00020 Document 1 Filed in TXSD on 08/08/13 Page 6 of 6