OBTS Number

PROBABLE CAUSE AFFIDAVIT

Agency Name 1. Arrest 2. N.T.A. 3. Request for Warrant 4. Request for Capias Agency Report Number

Juvenile

Agency ORI Number

FLO 5 0 0 0 0 0

PALM BEACH COUNTY SHERIFFS OFFICE

5. Ordinance 6. Other

06 11 - 046753
Special Notes:

Charge Type: 1. Felony 3. Misdemeanor Check as many 2. Traffic Felony 4. Traffic Misdemeanor as apply. Defendants Name (Last, First, Middle)

Race

Sex

Date of Birth

Lopicola, Robert J
Charge Description Charge Description

White
(State) Charge Description Race

Male

06/07/1970

Lewd or Lascivious Battery

Charge Description

Computer Pornography and Child Exploitation

Victims Name (Last, First, Middle)

Sex

Date of Birth

XXXXXXXXXXXXXXXXX
Victims Local Address (Street, Apt. Number) (City) (Zip)

White
Phone

Male

07/25/1995

Address Source

XXXXXXXXXXXXXXXXXX
Victims Business Address (Name, Street)

Farmington Hills
(City)

MI
(State)

XXXX
(Zip)

XXXXXXXX
Phone

XXXX
Occupation

Student

The undersigned certifies and swears that he/she has just and reasonable grounds to believe, and does believe that the above named Defendant committed the following violation of law. The Person taken into custody committed the below acts in my presence. confessed to admitting to the below facts. On the day of , 200 at A.M. was observed by who told that he/she saw the arrested person commit the below acts. was found to have committed the below acts, resulting from my (described) investigation. P.M. (Specifically include facts constituting cause for arrest).

NARRATIVE:

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NARRATIVE CONTINUATION On March 8, 2011 I received report 11-00001238 from Detective G. Hughes with the Farmington Hills Police Department, Michigan. The report contained the following information. On March 6, 2011 Detective Hughes met with XXXXX, XXXX uncle. XXXX advised XXXXX lives with him and is his legal guardian. XXXX moved to Michigan from Florida in January 2011. XXXX disclosed he was sexually assaulted by an adult male while living in Florida. XXXXX showed XXXXX a web-site belonging to the suspect, and the web-site is www.bodybyrj.com. The web-site is for personal trainer Robert J. Lopicola. On March 6, 2011, Detective Hughes conducted a taped interview of 15 year old XXXX XXXXXX. XXXXX was able to differentiate between the truth and a lie and the importance of being truthful was emphasized. He stated he struggled with if he should tell and decided to tell when he realized Robert probably likes real young boys and would hurt others if he didnt tell. XXXX stated he placed an ad on Craigslist personals where he said he was 18 years old and was a male seeking a male. Robert sent him an e-mail reply and soon after they began to send text messages to one another. During the text messages, XXX told Robert he was 16 years old and eventually told him his real age of 15. XXX asked Robert if it was ok that he was 15 years old. XXXX was very insecure believing he was too old for Robert. Robert responded 14 to 16 years old is the perfect baby. Robert continued by saying he likes being a dad to his boyfriends. They agreed to meet about two weeks after their first communication (October 2010). Robert drove to XXXX house located at XXXXX, Boca Raton in a small dark colored older four door car. It was late at night and they drove a short distance from XXXX house in the same sub-division. They parked in a cul-de-sac and began to kiss. Robert gave XXXXX a blow job, which XXXX described as when someone places their mouth over the other persons penis. Robert stopped and XXXX began masturbating himself. Robert requested XXXX tell him when he was about to cum, which XXXX described as when sperm comes out of the penis. Robert placed his mouth on XXXX penis and XXXX ejaculated in Roberts mouth. XXXX stated his pants were pulled down so his penis was exposed. Robert wanted to see XXXX body, but he was self-conscious and would not remove his shirt. XXXX was recently hospitalized for anorexia. Robert told XXXX he wanted XXXX to be really skinny, around 113 pounds. XXXX thought that was wrong to ask since he told Robert about the anorexia. They talked for a while and XXXX ran home in the rain. XXXX believes Robert lives in West Palm Beach. XXXX possibly saw nipple rings through Roberts shirt and Robert said he has his penis pierced, but XXXX did not see Roberts penis. XXXX has sent text messages to Robert since moving to Michigan. XXXX advised he did this due to being lonely. XXX described the text messages as sexual in nature. Robert asked for nude photographs of XXXX, so XXXX sent him three pictures via text
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NARRATIVE CONTINUATION message. He believes he sent the pictures in January 2011. One picture was a face shot, another was of XXXX naked penis and the third picture was of XXXX buttocks. XXXX took the pictures while in his room at his uncles house. Robert asked XXXX to make sure no hair was visible in the pictures. XXX thought this was weird and did not shave prior to taking or sending the pictures. XXXX provided Detective Hughes with his phone and gave consent to have the phone forensically examined for evidence. On April 4, 2011 I received a copy of a Cell phone Examination request and worksheet from the Oakland County Sheriffs Office, Pontiac, Michigan. The report contained the following information. A narrative report was completed by Detective Liposky with the Oakland County Sheriffs Office. It stated on March 16, 2011 Detective Hughes brought in one LG GT365 cell phone. He is investigating Rob for CSAM (Child Sexually Abusive Material) and CSC (Criminal Sexual Conduct) that occurred in Florida. Under the heading Cellbrite Report LG GT365 Neon is information extracted from the phone using the program Cellbrite. It extracted 89 phone contacts, 417 SMS text messages and 45 images. Within the SMS messages there are numerous text messages with an Rjj. These are sexual in nature. In the phone contacts there is an entry for Rjj with a phone number of 561-xxxxxxx. A review of the SMS Incoming text messages from Rjj as it relates to this case is as follows: 12/05/10 at 01:43:54 - Hey. Im jo. Sup? 'Robbie J' 12/07/10 at 05:06:41 Hey, Sup? Robbie J 01/08/11 at 21:08:29 whos this? 01/08/11 at 21:08:55 whos this? 01/08/11 at 21:09:25 sup 01/08/11 at 21:11:41 How r u :) 01/08/11 at 21:24:00 whats up? Im at dinner with friends 01/08/11 at 21:27:42 yes please :) 01/08/11 at 21:35:08 at diner talk in an hour k :) 01/08/11 at 21:38:04 luvem 01/08/11 at 21:39:19 yes u still single? 01/08/11 at 21:41:27 nope and single 01/08/11 at 21:43:36 None on my phone baby 01/08/11 at 21:46:52 not a cam fone 01/08/11 at 21:48:57 swear! 01/08/11 at 21:51:12 have 2 c me in person :) 01/09/11 at 02:39:38 G.nite 01/09/11 at 02:40:33 what r u doin 01/09/11 at 02:43:30 What r u doin

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NARRATIVE CONTINUATION

Sworn and Subscribed before me Signature Notary Public / Clerk of Court / Officer (F.S.S 117.10) Signature of Arresting / Investigating Officer

Detective C. Hall
Name of Notary Public / Clerk of Court / Officer (F.S.S 117.10)

Detective L. Anderson
Name of Officer (Please Print)

June 29, 2011

Date

June 29, 2011

Date

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