Man allegedly caught with child porn questions manner of search

A man accused of possessing child pornography materials has asked the court to suppress the evidence being used against him, arguing that the search conducted inside his house on Rota had no warrant.

Crispin Taitano, 54, of Rota, earlier pleaded not guilty to child pornography charges. He is charged with a count of receipt of child pornography and multiple counts of possession of child pornography and six counts of possession of child pornography.

Witnesses told the U.S. District Court yesterday that Taitano had purchased and was in possession of child porn videotapes, CD-ROMS, and other elicit materials.

Taitano, the husband of Board of Education member Marja Lee Taitano, allegedly also runs a strip bar and a children arcade in one facility in Sinapalo, Rota called Cue Time, according to the witnesses.

Prosecution witnesses told the court that they had also uncovered that the business establishment has a bedroom and a bathroom where they found a hole allegedly used by the defendant to peek at nude dancers.

Crispin Taitano, represented by lawyer Anthony Long, appeared in federal court yesterday for a motion to dismiss superseding indictment. Marja Lee also attended the hearing.

In yesterday’s hearing, prosecution witness Craig Hales, a Guam-based U.S. Postal inspector, said that he, together with three other law enforcement personnel, conducted a surveillance of a controlled package delivery to Taitano on April 22.

Hales said the package had a monitoring device that would signal the team that it had been opened. When the team heard beeping sounds from the device, they got off from their vehicles and knocked on the door.

Hales said he knocked hard and identified himself and the others to Taitano. He said it took a few minutes for the defendant to open the door.

Hales said they informed Taitano that he was not under arrest and they only wanted to get information regarding child pornography. He said that Taitano, a former Rota Customs officer, had cooperated, asked no questions, and signed a waiver allowing the team to search the building.

Hales said that Taitano took out a brown suitcase from the bedroom, which contained some more porn materials. The investigators also found the newly arrived materials in the trash can.

“We located several other things that are of interest to us. There’s a hole in the wall [of the bedroom/ bathroom] and a pinhole camera,” said Hales during direct examination by assistant U.S. attorney Jamie Bowers.

Hales said that Taitano told them that he never committed any improper sexual conduct with children and that the hole was only used to view the strippers.

Long questioned the manner by which the package was delivered and the lack of a search warrant.

“You entered the premises without a search warrant. Why didn’t you telephone the court to get a search warrant?” Long asked.

Long also noted that nobody has seen the Playful Youth video. “Have you seen the video?” he asked the inspector, who answered no.

Hales said there was no need to get a search warrant because Taitano, a former law enforcement personnel, had consented to the search.

During his cross examination of another witness, Federal Bureau of Investigation agent Joseph Other, Long learned that the team had discussed an anticipatory search warrant.

“So why didn’t you secure an anticipatory search warrant? You knew that it’s an issue yet you didn’t do it,” he said.

Hales said that getting a warrant would give Taitano enough time to destroy the materials.

Bowers in his statement said that there are more than adequate evidence to believe that Taitano knowingly and willingly waived his rights. Long, however, insisted that that Taitano was essentially under their custody since the four agents came with their guns drawn, searched him, and searched the place.

Long, in his motion, asked the court to suppress anything that was obtained in the April 22 search since it was conducted unlawfully.

“Warrant-less entry is unlawful and anything that was obtained from there must be suppressed. The issue is simple. Was the entry lawful? If it’s not, it ends there. The prosecution has no valid reason why they didn’t get a warrant when they knew it’s an issue,” he said.

Judge Alex Munson said he would rule on the motion later in a written form.

Taitano’s trial is set to begin on Oct. 12.

Receipt of child pornography carries a mandatory minimum sentence of five years imprisonment, and a maximum term of 20 years without the possibility of parole plus a $250,000 fine.