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A 26-year-old Fallon man, accused of numerous sex crimes against children, waived his preliminary hearing Thursday and is expected to plead guilty to reduced charges in District Court on July 7.
Under the agreement, Robert Michael Johnson II would plead guilty to unlawful use of a minor as a subject in producing pornography or a subject of a sexual portrayal in performance.
Johnson allegedly videotaped a 14-year-old Fallon girl while she took a shower in September 2008 at his apartment in the 200 block of West Center Street. He faces a sentence of life in prison with parole possible after five years.
Charges that would be dismissed include two counts of possession of visual pornography of a person under 16.
Deputy District Attorney Craig Mingay said Johnson had initially waived his preliminary hearing but, after losing a motion to suppress evidence, asked for one. He said the reduced charges changed Johnson's mind on the desire for a hearing.
In April, Johnson asked for the evidence obtained through a search warrant to be suppressed at trial. The evidence included a toy plastic whip, photographs and computer discs.
The 14-year-old girl alleged Johnson rubbed her bare leg with the plastic whip. He maintained there was no indication as to when this act occurred.
Johnson claimed the search warrant affidavit was insufficient because it failed to indicate a precise time when the victim last saw the toy whip.
Johnson, who was convicted of a sex crime while living in Oregon, said his probation was not transferred to Nevada, so it was not illegal to be in possession of a computer. In his motion to suppress, he said the victim never indicated he utilized the computer while interacting with her and, therefore, authorities had no right to seize the computer.
In his opposition to suppress the motion, Mingay noted a search warrant has three basic components. It must be issued upon probable cause and have support for that, describe the area to be searched and describe the item. He also said officers acted in good faith.
Mingay said all three components were met, so the motion to suppress should be denied.
District Judge William Rogers said the search that uncovered the toy whip was reasonable since the girl alleged it was used on her. He added the seizure of the computers is also valid because of his past sex crimes against children.
“Given the defendant's history, his illegal possession of computers, and the allegations of sexual abuse against the current victim, there was probable cause to search and seize the computer for evidence of crimes against children,” Rogers wrote.
He added the computers could also have been seized because they were evidence of a probation violation.
Rogers also ruled the suppression was not appropriate because officers acted in good faith reliance on a facially valid warrant.
Under the agreement, Robert Michael Johnson II would plead guilty to unlawful use of a minor as a subject in producing pornography or a subject of a sexual portrayal in performance.
Johnson allegedly videotaped a 14-year-old Fallon girl while she took a shower in September 2008 at his apartment in the 200 block of West Center Street. He faces a sentence of life in prison with parole possible after five years.
Charges that would be dismissed include two counts of possession of visual pornography of a person under 16.
Deputy District Attorney Craig Mingay said Johnson had initially waived his preliminary hearing but, after losing a motion to suppress evidence, asked for one. He said the reduced charges changed Johnson's mind on the desire for a hearing.
In April, Johnson asked for the evidence obtained through a search warrant to be suppressed at trial. The evidence included a toy plastic whip, photographs and computer discs.
The 14-year-old girl alleged Johnson rubbed her bare leg with the plastic whip. He maintained there was no indication as to when this act occurred.
Johnson claimed the search warrant affidavit was insufficient because it failed to indicate a precise time when the victim last saw the toy whip.
Johnson, who was convicted of a sex crime while living in Oregon, said his probation was not transferred to Nevada, so it was not illegal to be in possession of a computer. In his motion to suppress, he said the victim never indicated he utilized the computer while interacting with her and, therefore, authorities had no right to seize the computer.
In his opposition to suppress the motion, Mingay noted a search warrant has three basic components. It must be issued upon probable cause and have support for that, describe the area to be searched and describe the item. He also said officers acted in good faith.
Mingay said all three components were met, so the motion to suppress should be denied.
District Judge William Rogers said the search that uncovered the toy whip was reasonable since the girl alleged it was used on her. He added the seizure of the computers is also valid because of his past sex crimes against children.
“Given the defendant's history, his illegal possession of computers, and the allegations of sexual abuse against the current victim, there was probable cause to search and seize the computer for evidence of crimes against children,” Rogers wrote.
He added the computers could also have been seized because they were evidence of a probation violation.
Rogers also ruled the suppression was not appropriate because officers acted in good faith reliance on a facially valid warrant.
