ALBUQUERQUE – Samuel Elliott, 32, of Columbus, N.M., pleaded guilty today in federal court in Las Cruces, N.M., to producing child pornography involving three young children and possessing child pornography. Elliott entered his guilty plea under a plea agreement that permits him to appeal from a court order denying his motion to suppress evidence. Elliot will be permitted to withdraw his guilty plea if he prevails on his appeal.
Elliott’s guilty plea was announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Waldemar Rodriguez of Homeland Security Investigations (HSI) in El Paso, Tex., New Mexico State Police Chief Pete N. Kassetas and Las Cruces Police Chief Jaime Montoya.
Elliott was arrested on Nov. 21, 2014, on an eight-count indictment charging him with production and possession of child pornography. Counts 1 through 3 of the indictment alleged that between Dec. 2012 and July 2013, Elliott used three young children to engage in sexually explicit conduct for the purpose of producing visual depictions of such conduct. According to the indictment, two of the children were between one and five years of age and the third child was over the age of five years. The remaining five counts alleged that Elliott possessed child pornography in July 2013. The indictment asserted that Elliott committed all eight crimes in Luna County, N.M. A superseding indictment alleging the same charges was filed in July 2015.
“By his own admission, Samuel Elliott violated three young children and produced images and videos memorializing their abuse, stripping them of their innocence and forever tarnishing their childhood,” said U.S. Attorney Damon P. Martinez. “The physical, emotional, and psychological harm children suffer from sexual abuse and sexual exploitation through molestation and the production of child pornography is well known. This case is no different. The tremendous harm these young victims have suffered at the hands of Elliott will significantly impact them for the rest of their lives. I commend Homeland Security Investigations, the New Mexico State Police and Las Cruces Police Department for devoting tremendous time and energy to an investigation that exposed this despicable behavior and holding Elliott accountable for preying on these innocent children.”
HSI Special Agent in Charge Waldemar Rodriguez said individuals who produce child pornography scar children – psychologically, physically and emotionally – for life. And child predators who trade those images, victimize children again and again. “Child exploitation is a heinous crime,” said Rodriguez. “But rest assured that HSI special agents together with our law enforcement partners stand firm in our commitment to investigate and prosecute child predators to the fullest extent of the law.”
During today’s change of plea hearing, Elliott pled guilty to all eight counts of the indictment. In his plea agreement, Elliott admitted using a video camera to record a video of himself engaging in sexually explicit conduct with a child between one and five years of age. Elliott also admitted using a video camera to produce sexually explicit visual depictions of a sleeping child between five and eleven years of age. Elliott admitted committing these two crimes between Dec. 2012 and July 2013. Elliott also admitted that on Dec. 10, 2012, he used his iPhone to produce sexually explicit depictions of a third child who was between one and five years of age.
In his plea agreement, Elliott also acknowledged that in July 2013, the New Mexico State Police executed a search warrant at his residence and seized his iPhone, two desktop computers and a hard-drive. He also acknowledged that HSI executed a search warrant on his Dropbox online storage account. Elliott acknowledged that forensic examinations recovered thousands of images of child pornography from his iPhone; 48 images of child pornography from his hard-drive, more than 900 images of child pornography from his desktop computers, and 72 videos of child pornography from his Dropbox online storage account.
Elliott has been in custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled. At sentencing, Elliott faces a prison term of not less than 15 years and not more than 30 years on each of the three production of child pornography charges. He faces up to 20 years in prison on each of the five possession of child pornography charges. Elliott will have to serve at least five years of supervised release after completing his prison sentence. He also will be required to register as a sex offender.
In his plea agreement, Elliott agreed to pay $210,012 in restitution to each of the three victims associated with the three production of child pornography charges if they request restitution prior to sentencing. He also agreed to pay restitution of $25,000 to each victim associated with the five possession of child pornography charges who requests restitution prior to sentencing.
“This case is a great example of agencies working together to keep kids safe,” said New Mexico State Police Chief Pete Kassetas. “We will do whatever it takes to locate and apprehend child sexual predators!”
“Our computer forensics investigator spent a considerable amount of time delving into electronic files and recovering vital evidence,” said Las Cruces Police Chief Jaime Montoya. “This is a tremendous example of multiple law enforcement agencies working together to uncover evidence that helped build a strong case and ultimately led to today’s guilty plea.”
This case was investigated by the Las Cruces office of Homeland Security Investigations, the New Mexico State Police and the Las Cruces Police Department, all of which are members of the New Mexico Internet Crimes Against Children (ICAC) Task Force.
The case is being prosecuted by Assistant U.S. Attorney Alexander B. Shapiro of the U.S. Attorney’s Las Cruces Branch Office as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc.
The case also was brought as a part of the New Mexico Internet Crimes Against Children (ICAC) Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 82 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the NMOAG. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.