Newport child porn defendant’s rights were violated during investigators’ interview, judge rules

A federal judge has ruled that police and federal agents violated the rights of a suspect in a child pornography investigation when they interrogated him during a raid of his Newport Beach home.

Investigators did not advise 32-year-old Todd Christian Hartman of his Miranda rights to legal counsel and to remain silent before interviewing him during the search in February, according to court documents.

Despite prosecutors’ arguments that the Miranda reading wasn’t required because Hartman was not under arrest during the questioning, U.S. District Judge Josephine Staton ruled that law enforcement at least gave the impression that Hartman was not free to leave when they raided his home with guns drawn and placed him in a bedroom alone for the interview.

“Defendant’s compliance with the officers’ commands was demanded at gunpoint,” Staton wrote in her Nov. 24 decision. “Defendant was led outside of his residence in his underwear. Defendant was prevented from leaving on two separate occasions. Defendant was not given a choice before he was isolated from the only family member who was present at the residence. In isolation, defendant was interrogated by two visibly armed law enforcement officers.”

Hartman, a former youth counselor at Vineyard Church of Anaheim, has pleaded not guilty to one count of possession of child pornography and two counts of transporting child pornography.

Staton’s ruling bars prosecutors from using as evidence anything Hartman said during the questioning. It’s not clear what Hartman said or how its absence in court could affect his trial.

A search warrant says investigators were led to Hartman after downloading child pornography over a peer-to-peer file-sharing network and tracking the IP address hosting the pornography to the small apartment Hartman shared with his mother.

Court documents say the raid there started early in the morning on Feb. 5 with a federal agent pointing a rifle at Hartman’s chest. Fourteen law enforcement personnel then began searching the apartment, according to court filings.

The Newport Beach police detective and the Homeland Security Investigations special agent who interviewed Hartman testified that they told Hartman he was free to go if he wanted, Staton wrote.

But Hartman said at least two other officers told him he could not leave, according to court documents.

Investigators also separated Hartman from his mother before questioning him and filming the conversation, Staton wrote.

Authorities arrested Hartman in June, saying they had found more than 400 videos and 300 photos of child pornography during their search.

Assistant U.S. Attorney Anne Caitlin Gannon declined to comment about the case. A federal public defender representing Hartman did not return a call Wednesday.

Hartman is in custody without bail. His next scheduled court date is in March.