SI..S:kma A0 9: (Rev. 11/11) (3mm: Compiaint - . - . 20151100399 UNITED STATES DISTRICT COURT for the District Minnesota UNITED STATES OF AMERICA - . CaseNe. v' - UNDER SEAL DANIEL JAMES HEINRICH CRIMINAL I, the?undersigned complainant, being'duly sworn, state the fellowing is true and correct to the best of my knowledge and belief. Between 'August 13, 2009 and August 28, 2015, in Wright County, in the State and District of Mixmeseta, defendant: SEE ATTACHMENT A I further state that I am aCn) Special Agent andth'at'this eemplai?t is besed 0131' the follewing facts: 7 SEE ATTACHED AFFIDAVIT Continued on the attached sheet'and made a part hereof: Yes No JV Complainant 's signature Shane Ball, Special Agent Prt+1ted name aged title - Sworn to before me and signed in my presence. Date: 7 PW?de Jeffrey J. Keyes, U.S. Magistrate Judge City and State: St. Paul MN Printed Name and Title ATTACHMENT A COUNT 1 (Possession of Child Pornography) On or abput July 28, 2015, in the State at District of Minnesota, the defendant, DANIEL JAMES HEINRICH, did knowineg possess and access with intent to view any book, magazine, periodical, ?lm, videotape, computer disk, or any other material that contains an image of child pornography that involved a prepubescent minor who had not attained 12 years of age that has been mailed and shipped and transported using any means and facility of interstate and foreign commerce and in and affecting interstate and foreign commerce by any means, including'by? computer and that was produced using materials that hayebeen mailed and shipped and transported in and affecting interstate and foreign commerce by any means including by computer, to wit: Image 1 as described in the Complaint Af?davit, all in violation of Title. 18, United States Code, Sections and 2252A(b)(2). - . COUNT 2 (Posee?s?sion of Child Pornography) - On or about July 28, 2015, in the State and District of Minnesota, the defendant, DANIEL JAMES rmmnicn, did knowingly possess and access with intent to view any book, magazine, periodical, ?lm, videotape, computer disk, or any other material that contains an image of child pornography that has been mailed and shipped and transported using any means and facility of interstate and foreign commerce and. in and affecting interstate and foreign commerce by any means, including by computer and that was produced using materials that have been mailed and shipped and transported in and affecting interstate and fereigu commerce by any means including by computer, to wit: Image Image 3, Image 4, Image 5, Image 6, as described in the-Complaint Af?davit, all in violation of Title 18, United States Code, Sections and 2252A(b)(2). COUNT 3 (Possession of Child Pornography - Morphed Image) did knowingly possess and access with intent to View any book, magazine, periodical, film, videotape, computer disk, or any other material that contains an image of child pornography that has been mailed and shipped and tranSported using any means and facility of interstate and foreign commerce and in and affecting interstate and foreign commerce by any means, including by computer and that was produced using materials that have been mailed and shipped and transported in and affecting interstate and foreign commerce by any means including by computer, to wit: Image 7, as described in the Complaint Af?davit, all in violation of Title 18, United States Code, Sections and 2252A(b)(2) and DANIEL JAMES HEINRICH, new (Receipt of Child Pornography) On or about ?om August 13 through August 16, 2009, in the State and District of MinnesOta,the defendant, DANIEL JAMES HEINRICH, did knowingly receive any child pornography that has been shipped and transported in interstate and foreign commerce by any means, including by computer, to wit: Image 8, Image 9 and Image 10, as described in the Complaint Af?davit, all in violation of Title 18, United States Code, Sections and 2252A(b)(1). 4% - (Possession of Child Pornography) On or about July 28, 2015, in the State and District of Minnesota, the defendant, DANIEL JAMES HEINRICH, 1 did kndwingly possess and aCCess with intent to View any book, magazine, periodical, film, videotape, computer disk, or any other material that contains an image of child pornography that has been mailed and shipped and transported using any means and facility of interstate and foreign commerce and in and affecting interstate and foreign commerce by any means, including by computer and that was produced using materials that have been mailed and shipped and transported in and affecting interstate and foreign commerce by any means including by computer, to wit: Image 8, 9 and 10, as described in the Complaint Af?davit, all in Violation of Title 18, United States Code, Sections and 2252A(b)(2). . UNDER SEAL STATE OF MINNESOTA) . ss. AFFIDAVIT OF Shane A. Ball COUNTY OF RAMSEY I l. I-am a Special Agent with the Federal Bureau of Investigation and have been so employed for over '20 years. I am currently assigned to St. Cloud Resident Agency with the Minneapolis, Minnesota, Division of the FBI. I have received FBI training in Criminal investigation involving the sexual exploitation of children. As a FBI Special Agent; my' responsibilities include the investigation of criminal ,offenses involving the sexual eXploitation of children using computers, computer networks, and the Internet. While employed by the FBI, I have participated in numerous investigations in Which I have collected eVidence in electronic form- - 2. As a federal agent, I am authorized to investigate,_. and make arrests for, violations of United States laws andto execute warrants issuedunder the authority of the United States. i 3. This affidavit is submitted support of -a criminal complaint charging Daniel ?Danny? James Heinrich, DOB 3/21/1963, (?defendant?) - with violations of 18 and 18 possession and receipt of child pornography. 4. The statements this Affidavit are based on information provided by other FBI Special Agents and) law enforcement of?cers and on my investigation of this matter. Since this Af?davit is being submitted for the limited purpose of establishing probable cause for a criminal complaint, I have not included each and every fact known 1 to me concerning this investigation, but rather only those I believeare necessary to establish probable-cause to believe that the defendant has violated the above?referenced statutes. 1. Summary of Investigation 5. On July .28, 2015, law enforcement of?cers executed a search warrant at 55 Avenue scuth, Annandale, Wright County, Minnesota, the residence of defendant, seeking evidence related to the January 1-3, 1989 kidnapping and sexual assault of a Cold Spring, Minnesota juvenile male (?Victim and the October 22, 1989 abduction of a St. Joseph Township, Steams County, Minnesota juvenile male (?Victim During the execution of the warrant, of?cers recovered numerous images of suspected child pornography from the residence. These images were maintained in multiple 3-ring binders in Various locations throughout the residence and found in the hard drive of a desktop computer. 6. Various items located in the residence demonstrate the defendant?s sexual interest in children and support probable cause to believe the defendant was in knowing possession of the child pornography recovered as well as defendant?s motive to receive and maintain possession of these materials. These items. includezy hours of video footage apparently?surreptitionsly recorded by the defendant of children delivering newspapers, riding bicycles, playing public playgrounds and?participating in sporting activities; recordings of nevvs reports concerning the abduction of Victim T3, and other missing} . children; and several bins obeyS?Sized clothing. Defendant has not been charged with any crimes related to either Victim A or Victim B. 7. ?As explained in greater detail in this af?davit, the defendant?s past conduct further demonstrates his motive to knowingly possess and receive the child pornography I seized at his residence during the execution of the search warrant. The defendant had previously been found to be in possession of suggestive images of children. Further, a recently~tested article ?of clothing worn by Victim A during the 1989. Cold Spring abduction and Sexual assault was found to contain the defendant?s DNA. II. Investigation of Daniel James Heinrich A. Paynesville Assault Cluster 8. Between l986 and 1988, there were-multiple incidents during which juyenile males were physically and/or sexually assaulted in various locations in the town of lDaynesville, Minnesota. The perpetrator of these assaults was described by thevarious I victims as a white male in his 30?s, 5?6? to 5?9? tall, with a heavy-set or pudgy build. The defendant?s general physical description at the time of these assaults matchedthis general description. The defendant is a white male and according to records, his physical description in the late 1980?s was 160 pounds, with brown hair and brown eyes. Each of the Paynesville assaults took place less than'a mile from the ?defendant?s residence, the Plaza Hotel, located at l21 washburne Avenue in Paynesville. ?TheselPayines-ville?assaults involved eight different incidents of seven victims (?Victims through and involved a very sirnilarlpattern. addition to the cornmon location and the similar description of the assailant described above, the attacks typically involved the assailant approaching boys approximately 12 years old in a public place, such as while the boys were walking or biking home, or otherwise outside. The assailant I 3 would attack the children, for example knocking them o?f their bikes, and usually grepe or attempt to grope the area of their genitals, either over or under clothing. A few times the assailant would ask the boys their age or grade and/or the suspectwould threaten?to kill the child as part of the assault. For example, after one assault on l?ovember 30, 1986, the assailant told the Victim to ?keep laying down for ?ve minutes or I?ll blow your head off.? The attacker usually were something like a mask to obscure his identity. 10.. One victim, Victim F, was victimized twice. First, on February 14, 1987, Victim was with a juvenile friend when he was attacked in the stairwell of an apartment building located at 122 West James Street. The perpetrator was described as a heavy set male, approximately 5?6? tall and wearing a? mask. The male threw Victim down onto ;the stairs. When Victim screamed, his attacker told him to keep quiet or he would be killed. The attacker asked Victim what grade he was in and groped his testicles and penis over and under his clothing. The attacker took Victim F?s wallet and left the area on. foot. I i ll. On May 17, 1987, Victim was in the area of Main and Maple Street when he was attacked) again. Victim described the attacker as being pudgy and about the same height as the person who committed the-previous attack. The suspect knocked Victim off of his bicycle and groped Victim F?s testicles. Victim screamed and told the attacker that he had already got him. he attacker fled the area on foot and left behind a baseball cap. The Cap Was turned over to the police and was subsequently tested - by the Minnesota Bureau of Criminal Apprehension Crime lab. The cap was. found to contain?a mixture of DNA from three or more individuals. The defendant could not be 4 excluded from being a contributor. The laboratory report noted that an estimated 80.5% of the general population could be excluded. B. Cold Spring Kidnapping and Sexual Assault 12. On January 13, 1989, Victim A, a 12 year old juvenile male, was kidnapped and sexually assaulted in Cold Spring, Minnesota. Victim. A reported that at approximately 9:45 pm, he was walkinghome fromthe- Side cafe in Cold. Spring when he was approached by an adult white male driving an automobile. The driver stopped the vehicle and asked Victim A ?whether he knew where [John Doe] lived.? As Victim A began to respond, the driver got out of the car, grabbed. Victim A and told hith get into the car. The suspect forced Victim A into the back seat, re-entered the. car beganto drive for approximately 15 minutes. During the drive, Victim A noticed a handheld ?walkie talkie? radio on the passenger Seat. The driver told Victim A that he had a gun and wasn?t a?aid to use it. - The driver stopped the car on a. gravel road. l3 The driver got; into the backseat of the car with VictimA and instructed to remove his snowmobile suit and topull downhis-'pantsand-underwear. Victim A complied due to fear. The driver lowered his ownlpants to. his ankles. 7 The driver touched Victim A?s penis with his hand- He. ordered Victim A to touch the driver?s genital area. Victim complied. The driver placed Victim A?s penis in his mouth and forced Victim A to place his mouth on the driver?s penis. Victim A complied. The driver ordered Victim A to kneel on his hands and knees and spread his legs.? Victim A complied and the driver unsuccessfully attempted to insert his penis into Victim A?s rectum. 14. The driver returned to the driver?s seat through the center counsel. He gave Victim Al his snowmobile suit back, but kept Victim A?s pants and underwear. The driver told Victim A that he was lucky to be alive and if the-police got a ?lead? on the driverhe would ?get him after school and shoot him.? The driver drove back near Cold Spring and released Victim A, telling him not to look back or lie-would be shot. 15. The suSpect was described as being in his 30?s, between approximately 5?6? to 5?7? tall, an estimated 170 pounds, with dark brown mid?length hair, brown eyes, fat ears that stuck out, a fat nose, bushy eyebrows, a pudgy ?beer belly?.? and crooked bottom teeth. This general physical description fit the defendant. Victim A participated in the creation of a composite sketch of the suspect. The sketch resembles the defendant?s physical appearance at the time of the incident. Victim A was shown photographs of the defendant and 5 other individuals with similar builds and characteristics. Victim A believed that a photo of the defendant and one other person resembled his attacker. The suspect Was wearing a brown baseball cap, a dark vest, camou?age fatigues, black army boots and a military style Watch. The defendant was known to wear military fatigues during this period of time and was a member. of the Minnesota National Guard. Victim A described the automobile as a dark blue, four-doorlautomatiC transmission :with. ablue cloth interidr and front bucket seats. This general description matched the defendant?s vehicle at the time, a 1987 blue Mercury Topaz, 4-door with a light blue interior. :16; The Sweatshirt worn by Victim taken into evidence after the assault in I 1989'. It was resubmittedto the Minnesota Bureau of Criminal Apprehension :for testing in 2015. A mixture of DNA contributed by two or more individnals was found to be 6 present on the of Victim A?s sweatshirt. According to the laboratory report, the predominant male DNA pro?le matches a known sample of the defendant. The predominant pro?le match to defendant?s DNA would not be expected to occur more than once among unrelated individuals in the world population. C. The Abduction of Victim I I 17. On October 22, 1989, Victim B, age 11, was abducted by a masked male in St. Joseph Township, Steams County, Minnesota. Victim and two Other juvenile males, (?Witness and (?Victim were in the area of 29748 9lStaAvenue when the masked man approached on foot and displayed .a handgun. The masked man grabbed- Victim J?s penis over his clothing.? The masked man asked the boys how old they were and the boys told him their ages. He?ordered Witness 1 and-Victim to run and not to look back or he Would shodt them. Victim was led aWay by the masked man and never 7 seen again. The masked man was described as an adult male, between and 5?10?3 tall, approximately 180 pounds. He was wearing a mask, dark coat, dark pants'and dark shoes. 18. Law enforcement diScovered in a gravel driveway next to the abduction site shoe prints and tire tracks and took cast impressions of these prints and tracks. One set of the two shoe impie?sions appeared similar to the shoes worn by Victim at the time of his abductions on January 12, l990,'the defendant voluntarily provided his shoes to of?cers investigating the abduction. On January 15, 1990, the defendant allowed investigators to retrieve the rear tires from the 1982 Ford EXP he owned at the time of the abduction. An FBI examiner conducted a comparison examination between the tracks 7 from the abduction site and the defendant?s tires and found that the defendant?s tires were consistent in size and tire tread to the cast impressions. The examiner also found that the defendant?s right shoe corresponded in size and design to an impression taken ?ow. the abduction site. Based on my experience and training, I am aware that an opinion of an ?exact rnatc of such irnpressions would have to be based upon unique characteristics of the tire or shoe, such as a scuff, wear mark or divot, in the item itself. No such unique markings were? present on the tire or the shoe. HoweVer, the non?unique F?class characteristics? of size, shoe pattern and tread pattern of each appear to be the same. D. Search Warrant-~? 16021 County Road 124, Pavnesville - 1990 19. On January 24, 1990, investigators executed a search warrant at 16021 County Road 124, Paynes?ville, Minnesota, the residence 'of defendant?s father, where the defendant was living at the time. . Investigators seized two scanners, various scanner equipment and operating manuals, black lace?up boots, camou?age clothing and a brown cap. Investigators located a photograph of a male child dressed in. underwear and a male child coming out of the shower wrapped in. a towel. I In. seal-eh Warrant - 55 Avenue South. Annandaie ..- 2015' 20. On Julv 28, 2015, investigators executed a search warrant at the defendant?s residence located at 55 Avenue South, Annandale, Minnesota, a small, one? bedroom home with a detached garage located in a -residential neighborhood near a school. This Warrant authorized the search and seizure of evidence related to? the abduction of Victini in St. Joseph Township and the kidnapping and sexual assault-of Victim A in Cold Spring. A. Binders Containing Child Pornography 21. During the search, investigators located 19 three?ring binders, each of which contained photographs of images of children. In the majority of the binders, there were multiple images of what appears to line to be images of nude. photographs .of pre- pubescent children that would ?t the defmition of child pornography. iliSeveral of the pornographic photographs appear to be printed material obtained ?omthe internet, For example, some pages containing suspected child pomegraphy also displayed What appear to be advertisements in the margins of the pages and Universal Resource Locator, information on the bottom of - thepage. Based on my experience and training, this information typically displays the particular vveb page where theirnage was located on the World Wide? Web. 2~Based= on'this information, I believe. these images were I acquired on the internet using a computer and then printed and maintained in the blinders as a collection. Law enforcement reviewed each binder and gave-each binder an property evidence number. Law enforcement took a photograph of each page each binder to create a computer disc containing the images from the defendanth binders. 'Where' this affidavit references a page number to identify an irnage from the binders, it is referencing the page number'as seen on the disc. 7 22. One of the binders, labeled for reference as SD 29770-2, contains a fully nude image (page 11/151) (?Image of a prepubescent boy, laying back on a bed, with an erect penis who appears to be under the age of 12.. The image contains the title ?Young Blonde? Haired Boys?. and is purported to have been ?fposted byi?lan individual vvith the moniker ?Jachin Boy? on December 2000. Printed at the bottom of the page is the 9 URL I and bears a print date of January 4, 2001. The page contains the phrase ?Welcome Danny (Visitor)?. 23. Binder SD 29770-2 also contains a fully nude image (page 9/151) (?Image of a fully naked prepubescent boy sitting on the arm of a couch displaying his genitalia; The image also contains the title ?Young Blonde Haired Boys? and is purported to have been ?posted by? ?Jackin Boy? on December 19, 2000. Printed at the bottom of the page is the URL and bears a print date of January 4, 2001. The page also bears the'phrase ?Welcome Danny (visitor).? I I 24., Binder 29770-2 also contains a fully nude image (page . of a fully naked prepubescent boy, standing nearly in pro?le towards the camera, an erect penis. The. image contains the title f?Young Blonde Haired Boys? and is purported to havev'been ?posted by? individual With the moniker ?Cobra? on December 27, 2000. In ?l?rinted at the - bottom of the I page print date of January 4, 2001. The page contains . the phraSe ?Welcome Danny (visitor).? 25. Bindery SD 29770?2 also Contains a picture?of a. boy naked from the waist down; sitting a recliner-type chair, holding erect-penis (page 451'151) (?Image The image-contains the title??gay teens fun? and is purported to have been ?posted ?by? November'23i, 2000. at?the bottom-of the page is 111,6 i0 . . and has a print date of January 9, 2001. The page bears the phrase ?Welcer Danny (Visitor)?. Image 4 has preliminarily been identi?ed as beg that of a known child of sexual exploitation using a national database of victims of sexual I abuse. I 26; A preliminary review of only a small portion of the binders using this national database of known victims of sexual abuse, identi?ed additional images as containing a depiction of a known child of sexual exploitation. Although there were several of these identi?ed images, two examples are found Binder One image depicts a fully naked prepubesce'nt boy holding his penis while he looksat the camera (page 72/ 115) (?Image The? image contains the title ?The Titan?s (Teens)? and is purported to have been ?posted by? ?AdorablemTitan? onlDecember 5, 2900i Printed at the bottom of the page I is the . I . and bears a print date of January 3, 2001. The page also contains the phrase ?Welcome Danny (visitor).? I 27. Another lirnage found in Binder of identi?ed children, is a picture of two fully naked young boys with one naked. boy on top of the-other naked boy; the boy on top is facing the camera while he is being analy penetrated by the boy on. the bottom (page 109/115) (?Image The image contains the title ?Cray teen chat (14-19)? and is purported to have been ?posted by? ?devon1234i? on January 1, 2001. Printed atthe bottom (of. . the page. i i the URL ll com/isip i/fe?tch. and bears a print date of Januaryl3, 2001.. The page also contains the phrase ?Welcome Danny (Visitor).? B. ?Morphed? Images ?of Child Pornography 28. I familiar with a practice known as ?morphing? by which individuals use computers and software such as Photoshop to convert images of children into child pornography. An example of this practice is taking the image of the head of a child of sexual interest from a non?pornographic picture and digitally inserting the child?s head. onto the image iof a nude body. The result is an image that portrays the child in a sexually explicit manner, thereby creating and constituting child pornography. - 29. Items seized ?om the defendant?s residence Contain what appear to be ?morphed? images of child pernography. These morphed images appear both on defendant?s computer and the printed materials contained in the binders. Typically the morphed images are comprised of a boy?s head taken from a non-pornographic image (like a yearbook photograph or an advertisement), and that child?s head is placed on a naked body. The naked bodies are of different genders and ages; for example, some images include a boy?s head morphed onto the .body of a naked adultlwoman, while several of the images involve. a child?s head morphed onto a child?s naked body. One 'morphin?g I scheme done by defendant appears to have involved using the yearbook photographs of boys from Paynesville High School in the late. 19703. A .30: example of this is in Binder 813297843 contains multiple images of the same boy whose head has been placed. on many different bodies. Investigators were 12 able?to identify this male individual (?Victim Victim wasborn in the early 19603 and would have been have? been a juvenile during the 19705. An image of the head of Victim appears tohave been taken from an old yearbook photo from the late 1970?s and superimposed onto various images of nude bodies using a computer, printed and placed into the binder. For example, one particular image. (page 66/ 124) (?Image 7 depicts two prepubescent males} standing in what appears to be a showar exposing their genitalia. One of the nude images was created placing Victim K?s head ?om his yearbook photo onto the naked body. Yet another (page 68/124) depicts a young male, ?l wearing a sleeveless t-shirt with his left leg up exposing his naked genitalia through an Opening in his underwear. This image was similarly altered so that Victim K?s face appears on the Original nude image. In addition to the printed merphed images, I have reviewed some images recovered from the hard drive of the defendant?s computer. The face/head of Victim appears in several of these images. A forensic examination of the defendant?s Computer reveals evidence of internet searches for-Victim K. 31. There are other examples of images of ?morphed? pornography in the defendant?s binders or on his computer using the heads of other children in addition to iVictim K. Law enforcement has reviewed these heads and have been able to identify by name at least three of these individuals whose images were used to create, child pornography. The faces/heads used to create Itheseimages have been superimposed on the nude bodies of Various combinations of male, female, adult and child bodies; 32. "fire defendant had the means lwhich to createand print morphed child pornography. IA forensic eXarnination showed that a. software program named Adobe '13 Photoshop Elements (?Photoshop?) was installed on defendant?s computer. Photoshopl, a common cemmercially available software program that is manufactured, outside the state of/Minnesota, is capable of creating morphed images. Packaging material for Photoshop was located at defendant?s residence during the execution of the warrant; investigators also recovered a containing a link to Adobe Photoshop Home Edition. Investigators located a Kodak color printer/scanner, also manufactured outside the state of Minnesota, during the execution of the warrant. The preliminary examination of the hard drive revealed ?les containing images of Victim that appear identical to the head/face yearbook picture used in the above-described morphed images. According to the examiner, one such ?le, created on August 12, 2012,Iwas saved in ?.png? format, which is a format commonly associated with scanners. Another ?le of Victim K?s head, created on August 25, 2012, was saved in ?.psd? format, 'vvhich indicates a Photoshop project ?le. Based" on this information, I believe it likely that the defendant scanned a photograph of Victim using the Kodak?printer/scanner, saved it to computer, and utilized Photoshop to create some of the printed images of Victim discovered in the binders. I A I D. Computer Containing Digital Images of Child Porography 33, As previously indicated, investigatOrS have examined the computer seized I from-defendant?s residence. The computer?i's a Gateway Model 51053,, which was manufactured'in 2004. The computer has a. gigabyte hard-?drive, capable of storing digital images. The computer hasthe ability to be connected to the internet. Indeed, 14 evidence collected from the computer'demonsttates the defendant?s use of the computer to access the Internetf 34._ A forensic .?exarnination of the computer revealed evidence of sexual interest I in children, "For example, the revealed the following internet search terms were entered by the user 'of. the computer: ?Justboysicom,? ?Teenpompicturescom,? ?Gay teen photos,? ?Nude teen girl photos,? ?My naked teens,? ?Boys boners,? and ?Nude young boys.? The search history also is indicative of seeking materialsithat could be used to create morphed child pomography. These terms include: ?1976 7th grade class photos,??2013 7th grade class photos,? ?Kids Christmas photos 7th grade wrestling photos,? ?Boys in Toughskins jeans photos,? ?Boys in undies photos,? ?1977 summer camp photos,? ?13 year" old boy,? ?Ere teen boy? models,? .?Paynesv-ille Minnesota school photos? and 7?Paynesville Minnesota kids photos.? 7 35. The hard drive of defendant?s "computer was also examined for digital images. I This examination revealed images that had been previously saved on the hard drive, including subseduently deleted ?les, thatcontained sexually explicit images of children. At least 11 .of these images (?Image 8 though Image l8? depict children that have preliminarily been identi?ed as being lmown child victims using a national database of known victims of sexual abuse. These images Were recovered as ?thumbnail? images, which is allovver-qualit?y image generated by. the computer to assist the operating system when accessing the originalimages. The thumbnail images vvere found as having been in the ?My Documents\My Pictures? folder [of the eomputer, which had a Windows?based The corresponding pictures of these ll thumbnail images were not 15 recovered from the hard drive.- Based on my experience, ,,training and consultation with I investigators having expertise in computers, the presence of the thumbnail images in this particular location demonstrates that the original image intentionally saved by the user in the Documents\My Pictures? folder of the hard drive: and subsequently I deleted. The remaining thumbnail ?le serves as a sortof ?digital footprint?, showing the past existence of the original ?le. 36. I conducted a visual analysis to compare the thumbnail images of the II known victims with images contained within the various binders seized from the defendant?s residence. In the course of my preliminary review, I: located numerous images in the binders that appear to match computer thumbnail Images 8 through 18. For example, Binder 815897846 (Page 48/63) shows a naked blond-haired juvenile male, legs spread, exposing his genitalia, facing the camera. This printed image in the binder appears to be the same the thumbnail photo identified 8 as thumbnail Image 8 (Rawl 5.jp According to a preliminary forensic enamination of the hard drive, the ?le Rawllijpg was created on the computer on August 13, 2.009 at 11:52 am. The. examination revealed that this ?le was subsequently opened using Internet Explorer. 37. With respect to thumbnail Image 9 (126.jpg), according-to the forensic examination, the 126.jpg was created on the computer on August13, 2009 at V1209 pm and was also later opened using Internet Esplorer. image in binder (Page '5/55) depicts a naked brown-haired juvenile male sitting with his back on a pillow, legs spread, exposing his genitalia. This image appears to be the same picture identi?ed I as Image 9 (126.jpg). I 16? 38.. With respect to thumbnail Image l-O (Cassejpg), the forensic examination showed that file Cas56.jpg was created on the computer on August" 16, 2009 at 9:07 am and was also. later opened using Internet Explorer. An image in Binder SD297 84-13 (Page 58/72) depicts a naked blond~haired juvenile male ljring on his baclt on multi? colored cushions exposing his genitalia. This pictureappears be the same picture as. previously identi?ed Image 10 (CaSS6.jpg). I 39. In addition, I located over 100 images throughout the various binders that appear to depict pornographic images of these known victims. Based on the existence of the thumbnail tiles on the con?tptiter, the indications that the ?les were opened after being created, the corresponding printed images in the binders, and the defendant?s admissions below, I believe that the defendant, received these images on or aboutthe dates the. thumbnails were created by downloading them from the internet. F. Defendant?s statement I 40; The defendant spoke with investigators during the execution of the search warrant. The defendant aCknowledged that?he had ?child porn? in his home, stating that some of the things law enforcement would ?nd are The defendant discussed the binders containing the images of theiyoungbovs, stating that he have got some of shit off the when? he had internet access ago.? The defendant admitted that he downloaded the images explained that he printed the images. to save memory on his computer. The defendant described himself as Ibeing ?addicted? when'he had internet access and that he was a ?dirty. old man.? The defendant was asked by investigators if he produced or made any of the images himself. The 17 defendant hesitated, then asked, ?What do you mean ?rnade.?? Based on the context of this investigation, I believe that the defendant was referring to the morphed images, previously described. The defendant denied distributing or sharing child pornography with others, stating that the material was for his own personal use. I Additional Items liound during Execution of Search Warrant 41. Investigators recovered additional evidence demonstrating the defendant?s knowing possession and his motive to receive and retain the child pornography recovered from his residence. These include numerous videotapes of what- appear to be surreptitiously recorded footage of neighborhood children delivering newspapers, riding bicycles, playing in public playgrounds and participating in sporting activities. :?The children appearing in these ordinary activities are sexualized in a variety of ways. For example, the videos focus and zoom in on the buttocks and genital regions of the children. Several videos show footage of juvenile males delivering newspapers. a multi-dwelling apartment building. The videos are shot from a hidden camera pointed toward a set of stairs. On nunierous occasions the defendant can be seen stepping in front of the camera and dropping what appears to be a coin on one of the. stairs and then exiting the view. of the camera. After a period of tirne, newspaper delivery boys. enter. the building, stop on the stairway and bend over?to retrieve the coin. "fhe video camera is set up in a manner to capture the image of the boys bending over with their buttocks oriented. toward the camera. I ?42. Further" evidence of the defendant?s sexualization of the surreptitiousiy recorded children was found in the defendantis collection of binders. Some'of the video is I images of the children appear to have been converted into still photographs and those photos-then had sexually themed ?meme? style messages imposed upon them. One such photo, found in Binder 29784-6, shows a still photo depicting two juvenile boys With the message MY SKINNY DICK imposed on the front. Another photo in the same binder displays-the image of what appears to be an elementary age girl on playground equipment. The words TIGHT LITTLE appear in pink lettering across the photo. A third example from this binder is the image of a juvenile boy with the message ?my BIG DICK is yours!? displayed across the picture. Based on my experience and training, I am aware that the Photoshop softnzare found on defendant?s computer is?capable of plaCing messages like these on photos. i 43. Investigators located a VHS video camera, a HinS video camera, variousI?Ii- 8 video cassettes, a tripod and two Ambico super telephoto lenses defendant?s residence. A keyboard, mouse, LCD monitor and Kodak printer manual were located near the Gateway computer tower. '44. Investigators found various knives. different locations the residence. A pair of ?silver handcuffs was found next to a roll of duct-tape. in a desk drawer located in the kitchen. A set of military-style camouflage pants and? shirt as well as four clear ?tote? style. bins ?lled with boys" sized athletic wear were found the defendant?s basement, although your af?ant has reason to believe no children live the defendant?s home. Although no ?rearms were recovered, orient" the videos'located in the residence included a recording of the defendant giving a ?video tour? of his residence. In the recording, the 19 defendant can be seen opening the door of a safe and focusing on what appears to be a loaded pistol. IV. Federal Statutes I 45. Title 18 United States Code Section 2256(8) defines ?child pornography? as any visual depiction, including any photograph, ?lm, video, picture, or ?computer or computer~generated image or picture, Whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where: (A) the production of such visual depiction involves the use of a miner engaging in sexually explicit conduct; (B) such visual depiction. is a digital image, computer image, or computer-generated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; or (C) such visual depiction has been created, adapted, 'or modi?ed .to appear that an identifiable minor is engaging in sexually explicit conduct. 46. Title 18 United States Code Section 2256(1) de?nes a ?minor? as any perSon . under the age of eighteen years. I - I i 2 47. rise 13' United. States Code Section 256(2). de?nes ?sexually explicit as. actual or simulated: sexual intercourse, including genital-genital, oral? - genital, anal~genital, or cralaanal, whether between persons. of same or opposite sex; (ii) bestiality; masturbation; (iv) sadistic (or masochistic abuse; or (v)lascivious exhibition of the genitals dr pubic area of any person. In. the case of digital, computer, or computer generated image that is indistinguishable from that of a minor engaging in sexually explicit conduct, ?sexually explicit conduct? means (1) graphic sexual intercourse, I including genital-genital, ora1~genita1, anal~genital, or oral?anal, whether 20"" bemeen persons of the same or opposite seX, or lascivious simulated sexual intercourse where the genitals, breast, or pubic area of any person is exhibited; graphic or lascivious simulated; (I) bestiality; (II) masturbation; or sadistic or masochistic abuse; or graphic or?simulated lascivi0us exhibition of the genitals or pubic area of any person. 48. Title lSUnited? States Code Section 2256(5) de?nes a ?visual depiction? to include undeveloped ?lm and videotape, data stored on computer disk or by electronic means which is capable of conversioninto? a Visual image, and data which is capable of conversion into a visual image that has been transmitted by any means, whether or not stored in a permanent format. 49. Title 18 United States Code Section 2256(9) defmes an ?identi?able minor? as (A) a person (I) who was a minor at the time the visual depiction was created, adapted, in modi?ed; or (II) whose image as a minor was used in creating, adapting, or I modifying the .visual depiction; and (ii) who is recognizable as an actual person by the I person?s face, likeness, or other distinguishing characteristic, such as aunique birthmark or other recognizable feature;'and (B) shall not be construed to require proof of the actual identity'of the identi?able minor; i 1 I St). Title 18 United'States Code Section 2256(10) de?nes ?graphic? to mean that a viewer can observe any part lof the genitals or. pubic area of any depicted person or animal during any part of the time that the sexually explicit conduct is being depicted. 51. Title 18 United States Code Section 2256(11) de?nes ?indistinguishable? used?with respect to a depictiOn, to mean virtually indistinguishable, in that the depiction is such that an ordinary person viewing the depiction would conclude that the depiction. is "21 of an actual minor engaged in sexually explicit conduct. This definition does not apply to depictions that are drawings, cartoons, sculptures, or paintings depicting minors or adults. .52: Pursuant to Title 18 United States Code Sections. and 2256A(b)(2), any person who knowingly possesses, or knowingly accesseswith intent to View, any book, magazine, periodical, film, videotape, computer disk, or any other material that contains an image of child pornography that has been mailed, or shipped or? transported using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce by any means, including by computer, or that I .was produced using materials that have been mailed, or'shipped or transported or affecting interstate or foreign commerce by any means, including by computer, or attempts or conspires to do, so shall be fined and/or imprisoned not more than 10 years, but, if any image of child pornography involved in the offense involved a prepubescent minor or a minor who had not attained 12 years of age, such person shall be ?ned and/or imprisoned for not more than 20 years. I A 53. Pursuant to Title 18 United States Code Sections 2252A(a)(2) and any person vvho knowingly receives or distributes A) any child pornography that has been mailed, or using any means or facility of interstate or foreign commerce-shipped'Or transported in or affecting interstate or foreign commerce by any means, including by computer; or (B) any material that contains child pornography that has been mailed, or using any means or facility of interstate or foreign commerce shipped or'transported or affecting interstate or foreigncornmerce by any means, including by i attempts or conspires to do, so shall be fined and] or imprisoned not less than 5 years and not more than 20 years. V. Conclusions . 54. There is probable cause to believe that the?defendant, Daniel ?Danny? James Heinrich, did knowingly possess and access with intent to view books, a computer disk, and other material that contain an image of child pornography that had been mailed and shipped and tranSported using any means and facility of interstate and foreign commerce and in and affecting interstate and foreign commerce by any means, including by computer and that produced using materials that have been mailed and shipped and transported in and affecting interstate and foreign commerce by any means including by computer, speci?cally, Images 1 through l0 as described in this Af?davit, all in violation of Title 18, United States Code, Sections and 2252A(b)(2). 55. There is probable cause to believe that the defendant, Daniel ?Danny? James Heinrich, did knowingly receive any child pornography that had been shipped and transported in interstate and foreign commerce by any means, including by computer, specifically, Images ?8 through 10 as described in this Affidavit, all in violation cf. Title 18, United States Code, Sections and 2252A(b)(1). M. iSha?gA. Ball, Special Agent Federal Bureau of Investigation Further your. Affiant sayeth not. .23 . SUBSCRIBED and SWORN to before me this day of October, 2015. The Honorable Jeffrewa/ a 24