State of Minnesota County of Washington
District Court 10th Judicial District Prosecutor File No. Court File No.
State of Minnesota,
CR-2017-1110 82-CR-17-2710
COMPLAINT
Plaintiff,
Warrant
vs. ALAN DOUGLAS RUNNING DOB: 09/09/1947 23877 Forest Drive N #7 Forest Lake, MN 55025 Defendant. The Complainant submits this complaint to the Court and states that there is probable cause to believe Defendant committed the following offense(s): COUNT I Charge: Possess Pornographic Work-Computer Disk/Electronic/Magnetic/Optical Image w/Porn Minnesota Statute: 617.247.4(a), with reference to: 617.247.4(a) Maximum Sentence: 5 years and $5,000 for a first offense and 10 years and $20,000 for a second or subsequent offense Offense Level: Felony Offense Date (on or about): 05/30/2017 Control #(ICR#): 17407027 Charge Description: possess a pornographic work or a computer disk or computer or other electronic, magnetic or optical storage system or a storage system or any other type, containing a pornographic work, knowing or with reason to know its content and character COUNT II Charge: Possess Pornographic Work-Computer Disk/Electronic/Magnetic/Optical Image w/Porn Minnesota Statute: 617.247.4(a), with reference to: 617.247.4(a) Maximum Sentence: 5 years and $5,000 for a first offense and 10 years and $20,000 for a second or subsequent offense Offense Level: Felony Offense Date (on or about): 05/30/2017 Control #(ICR#): 17407027 Charge Description: possess a pornographic work or a computer disk or computer or other electronic, magnetic or optical storage system or a storage system or any other type, containing a pornographic work, knowing or with reason to know its content and character 1
STATEMENT OF PROBABLE CAUSE The Complainant states that the following facts establish probable cause:
Your complainant is a licensed peace officer in the State of Minnesota, and is employed by the Forest Lake Police Department. In that capacity, your complainant states the following to establish probable cause: On March 22, 2017 at approximately 5:01 p.m., Officer MaryRose Warke with the Forest Lake Police Department was dispatched to take a call from a reporting party who wished to remain anonymous. Officer Warke spoke with the reporting party, who reported that an individual subsequently identified as ALAN DOUGLAS RUNNING, D.O.B. 9/9/1947, DEFENDANT herein, showed him/her video footage and pictures of a female who the reporting party believed were taken without her knowledge or permission. The reporting party reported that he/she learned that the female in the videos and photographs has an active restraining order against Defendant, prohibiting him from having contact with her. The reporting party reported that Defendant has hundreds of pictures and many hours of video, as Defendant told the reporting party that he placed a camera in the vent of a shared bathroom in the female's apartment building. The reporting party reported that Defendant stated that he wants to "kill that cunt" and that the female ruined his life, so he was going to ruin hers. The reporting party reported that the video and photographs are stored on Defendant's laptop computer and an external hard drive. The reporting party reported that on March 20, 2017, Defendant told him/her to come over. Defendant brought the reporting party to his bedroom and showed the reporting party the files containing videos and pictures of the female on his laptop and external hard drive. On March 29, 2017, Detective McDonald presented a search warrant for Defendant's apartment, which was signed by the Honorable B. William Ekstrum, Distict Court Judge. On March 30, 2017, officers executed the search warrant. Defendant was present. He denied using electronic devices for illegal purposes. Officers obtained and entered into evidence multiple electronic items, including Defendant's silver HP Pavilion laptop, external hard drive, a cell phone, flash drives and a digital video recorder device. On April 4, 2017, Detective McDonald presented a search warrant for the search of the electronic devices, which was signed by the Honorable Richard C. Ilkka, District Court Judge. A search of Defendant's electronic devices revealed numerous videos, documents and pictures, including videos of the female, nude, in the shared bathroom. One video depicted the female sleeping. While she was asleep, Defendant inserted his fingers into her vagina. Defendant was arrested in connection with this crime on June 9, 2017. In the interim, Forest Lake Police Detective McDonald requested assistance with the forensic extraction/search of Defendant's computer from the Chisago County Sheriff's Office. Investigator Brandenburg obtained Defendant's silver HP Pavilion laptop model #17-e016dx, serial #SCD33910SB. On June 22, 2017, Investigator Brandenburg began his search of the computer by using the Access Data Forensic tool kit, a program which carves/categorizes each file on the subject computer by location and file type. On June 23, 2017, this process was completed. Investigator Brandenburg began reviewing the images recovered in the exam. He observed over 100,000 graphic images (ranging from photographs to computer icons) and observed numerous pieces of adult pornography. Investigator Brandenburg also observed two files that he believed to be child pornography. Investigator Brandenburg bookmarked these images, file 280x210-670483[1] and 280x210-8606169[1] and notified Detective McDonald. On June 26, 2017, Investigator Brandenburg exported the hash values of the two images, SHA1 and MD5, and 2
submitted them to the National Center for Missing and Exploited Children (NCMEC). The NCMEC reported that these hash values had been previously submitted. On June 29, 2017, Officer MaryRose Warke with the Forest Lake Police Department responded to the Chisago County Sheriff's Office to speak with Investigator Brandenburg about the images. Officer Warke confirmed that the two images appeared to clearly be child pornography. One image showed a prepubescent female, clearly under 18 years old, performing oral sex on an adult male. The other image showed a prepubescent female, clearly under 18 years old, grabbing her own breast. In that image, an adult male was grabbing her other breast. Officer Warke observed these images were of real children. A check into Defendant's criminal history revealed the following: On July 11, 2016, Defendant pled guilty to misdemeanor violation of an HRO for an offense that occurred on September 23, 2015 involving Victim as the protected party in Washington County Court File 82-CR-154068. At present, Defendant is not in custody. The County Attorney's Office requests a complaint warrant in this matter, given the nature of the offense and in the interest of public safety. PLEASE TAKE NOTICE: YOU MUST APPEAR FOR EVERY COURT HEARING REGARDING THIS CASE. FAILURE TO APPEAR FOR COURT IS A CRIMINAL OFFENSE AND MAY RESULT IN ADDITIONAL CRIMINAL CHARGES BEING IMPOSED AND PUNISHED AS PROVIDED IN MINNESOTA STATUTES SECTION 609.49.
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SIGNATURES AND APPROVALS Complainant requests that Defendant, subject to bail or conditions of release, be: (1) arrested or that other lawful steps be taken to obtain Defendant's appearance in court; or (2) detained, if already in custody, pending further proceedings; and that said Defendant otherwise be dealt with according to law. Complainant declares under penalty of perjury that everything stated in this document is true and correct. Minn. Stat. § 358.116; Minn. R. Crim. P. 2.01, subds. 1, 2. Complainant
Mark Richert Sergeant 1408 Lake Street S Forest Lake, MN 55025 Badge: 405
Electronically Signed: 06/30/2017 09:43 AM Washington County, Minnesota
Being authorized to prosecute the offenses charged, I approve this complaint. Prosecuting Attorney Jamie Kreuser Assistant Washington County Attorney PO Box 6 15015 62nd Street North Stillwater, MN 55082 (651) 430-6115
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Electronically Signed: 06/30/2017 08:54 AM
FINDING OF PROBABLE CAUSE From the above sworn facts, and any supporting affidavits or supplemental sworn testimony, I, the Issuing Officer, have determined that probable cause exists to support, subject to bail or conditions of release where applicable, Defendant’s arrest or other lawful steps be taken to obtain Defendant’s appearance in court, or Defendant’s detention, if already in custody, pending further proceedings. Defendant is therefore charged with the above-stated offense(s).
SUMMONS THEREFORE YOU, THE DEFENDANT, ARE SUMMONED to appear on ________ ___, _____ at _____ AM/PM before the above-named court at 14949 62nd Street N PO Box 3802, Stillwater, MN 55082-3802 to answer this complaint. IF YOU FAIL TO APPEAR in response to this SUMMONS, a WARRANT FOR YOUR ARREST shall be issued.
X WARRANT To the Sheriff of the above-named county; or other person authorized to execute this warrant: I order, in the name of the State of Minnesota, that the Defendant be apprehended and arrested without delay and brought promptly before the court (if in session), and if not, before a Judge or Judicial Officer of such court without unnecessary delay, and in any event not later than 36 hours after the arrest or as soon as such Judge or Judicial Officer is available to be dealt with according to law. Execute in MN Only
X
Execute Nationwide
Execute in Border States
ORDER OF DETENTION Since the Defendant is already in custody, I order, subject to bail or conditions of release, that the Defendant continue to be detained pending further proceedings. Bail: $ Conditions of Release: Body Only This complaint, duly subscribed and sworn to or signed under penalty of perjury, is issued by the undersigned Judicial Officer as of the following date: June 30, 2017. Judicial Officer
John R. McBride District Court Judge
Electronically Signed: 06/30/2017 01:20 PM
Sworn testimony has been given before the Judicial Officer by the following witnesses: COUNTY OF WASHINGTON STATE OF MINNESOTA
State of Minnesota LAW ENFORCEMENT OFFICER RETURN OF SERVICE
Plaintiff
I hereby Certify and Return that I have served a copy of this Warrant upon the Defendant herein named.
vs.
Signature of Authorized Service Agent:
Alan Douglas Running Defendant
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