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United States v. Wilson

United States District Court, District of Columbia

November 14, 2016




         This matter comes before the Court upon the application of the United States that Defendant Pamela Wilson be detained pending trial. Defendant has been charged by complaint with one count of Distribution of Child Pornography through Interstate Commerce, in violation of 18 U.S.C. § 2252(a)(2), a felony involving a crime of violence against a minor. The United States requested a detention hearing under 18 U.S.C. § 3142(f)(1)(A). The Court held a combined preliminary hearing and detention hearing on October 28, 2016.

         At the hearing, Defendant raised a number of arguments that required additional briefing from the parties, including that the United States has presented insufficient evidence to support a finding of probable cause to believe that Defendant distributed child pornography as defined by 18 U.S.C. § 2252(a)(2). Accordingly, the Court ordered an expedited briefing schedule and held a continued preliminary and detention hearing on November 1, 2016.

         Upon consideration of the proffers and arguments of counsel and the entire record herein, the Court now finds probable cause that Defendant distributed child pornography in violation of 18 U.S.C. § 2252(a)(2) and that Defendant should be held without bail pursuant to 18 U.S.C. § 3142(e). This memorandum is submitted in compliance with the statutory obligation that “the judicial officer shall-include written findings of fact and a written statement of the reasons for the detention.” 18 U.S.C. § 3142(i)(1).


         At the hearing, the United States proceeded by proffer based on the Complaint and testimony provided by District of Columbia Metropolitan Police Department (“MPD”) Detective Timothy Palchak (“Detective Palchak” or “UC”). The defense offered no contrary evidence. Accordingly, the Court makes the following findings of fact:

         Leading up to August 29, 2016, Detective Palchak had been acting in an undercover capacity (“UC”) as a special agent with the Federal Bureau of Investigation (“FBI”) as part of a multi-jurisdictional FBI/MPD Child Exploitation Task Force, operating out of a satellite office in Washington, D.C. In that capacity, he posted an advertisement in an area of an online website for classified advertisements which he believes, based on his experience and information gathered from other sources, is frequented by individuals who have a sexual interest in children and incest. Detective Palchak intended for the advertisement to attract individuals with a sexual interest in children.

         On August 29, 2016, at 4:48 p.m., an individual later identified as Defendant Pamela Wilson responded to the UC's advertisement by email, stating, “Not a dad or a mom, just a normal 20 year old female, but I think we're on the same page with our thinking and enjoy the same exact things.” The UC responded, “sweet 30 dad here with daughter. Do you have kik? easier to talk.”[1]Defendant replied, “How old is she? I actually don't. Honestly probably not the safest place to chat. I know a guy its talking to who said it wasn't.” The UC responded, “she is very yng so not sure if that is your thing what is your limit?” Defendant replied, “I prefer younger. The younger the better actually. My cut off limit is between 7. So anything under that is great.” The UC then informed Defendant that he was sexually active with his purported nine-year-old daughter, and that he had been since “she was in diapers.” Defendant responded, “9 is fine. I was thinking you were talking younger. 9 is nothing. That's the best! You're lucky to have been with her that young. That's one of my big things I want to try tasting at a really young age. Is her mom involved?” Defendant continued, “Like I said I'm not a mom but would love to join. Would really like to lick her.” Wilson then suggested that the UC and she communicate through text message on their cellular phones. The UC agreed and provided Defendant with his cellular phone number. Defendant provided the UC with her cellular phone number. The two then resumed their conversation through text messages.

         During the course of their text messaging conversation, Defendant identified herself as a twenty-year-old, mixed-race female living in Lorton, Virginia. The UC asked Defendant to take a photograph of herself holding up four fingers and to send it to him to validate her identity. Defendant sent the UC an image depicting a female holding up four fingers above her chest. Defendant later sent the UC an image of her face. This image matched the Department of Motor Vehicle's image for Pamela Wilson obtained by the FBI.

         Defendant stated during their text message exchange that she has limited sexual experience with children, but that she has “touched” children for whom she babysat in the past. She indicated that the children “were like 7.” Defendant also informed the UC that she has an interest in meeting with him to perform sexual acts on his purported nine-year-old daughter. Defendant asked the UC whether he had “established rules with [his] daughter about talking about these things, ” and the UC indicated that he had. Defendant then continued to discuss the logistics of meeting with him.

         The next day, the UC and Defendant resumed their text message communication. Defendant continued to express her desire to engage in sexual acts with the UC's purported daughter, stating that she was “excited to taste her when” she does. The UC and Defendant chatted over the next several days. They continued discussing the logistics of a meeting between the two of them.

On September 13, 2016, the UC and Defendant had the following text message exchange:
Defendant: Definitely interested in both her licking me and me on her. I think I'll be a ball of nerves so we'll let you start out.
UC: Yes I think that is best, I'm thinking may I'll lay her down on the couch and start licking and playing with her pussy to make everyone comfortable
UC: Can't wait to see her lick your pussy
Defendant: Yeah, that sounds good. I can't wait to taste her and can't wait for her to lick me either
UC: After the first time it will be easier with the nerve thing lol
Defendant: It might not be her thing though.
Defendant: I hope so lol
UC: It is we talked about it she really wants to try I have shown her a lot of vids
Defendant: Awesome!
Defendant: Speaking of vids, if you do see her this week do you mind sending me a video of maybe you licking her or something?
UC: Well I'm nervous sending that out until I really know a person. But would I can do is meet u before we play with her and FaceTime her and have her spread her pussy so u feel more comfortable
Defendant: Yeah, I'm okay with that. Totally understand. We can do that.
Defendant: Wanted to play to her lol but I have enough videos to do that too
Defendant: To*
UC: Perfect that way we all feel better and you will know for sure we are legit. I live near the Verizon center so we can meet in public first
UC: You have a lot of good vids lol
UC: What's the youngest u have
Defendant: They're decent, but you tend to want more and longer ones.
Defendant: Probably 1 maybe a little younger
UC: I know the feeling, mmmmmm I miss that age so much can I see the ones u have. Live the puffy pussy at that age
Defendant: Yes, I know!!! I love how puffy they are too. Wish your daughter was younger lol.
Defendant: It's in a Dropbox don't fell comfortable sending videos but I don't mind giving you access to the Dropbox

         Defendant sent the UC a link to her password-protected DropBox account, along with her email account,, and her password used to access the account. DropBox is a cloud storage product that allows a user to create an account to save and store digital content, including images and videos, in folders, and to share that content by providing others with the email address and password used to log in to the account. The UC used Defendant's email address and password to enter her DropBox account and, upon logging in, viewed the contents of ...

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