Derosier Transcript Redacted
Derosier Transcript Redacted
Taken at
United States Courthouse
Fargo, North Dakota
January 4 and 6, 2022
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1 (The above-entitled matter came before the Court, The
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17 the hearing at the time of his initial appearance and has now
19 this afternoon.
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1 THE COURT: Yes.
8 Honor?
10 closer so --
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1 First, I want to address the defendant's living
12 after which he hired the defendant to work for him at the Thief
14 was charged and convicted of stealing from that NAPA Auto Parts
22 there was a contract for deed and that Mr. Derosier has made
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1 I also learned today that the condo association has
2 put a $15,000 lien on this condo because Mr. Derosier has not
3 paid condo dues, has not paid special assessment, and did not
11 of the offense in 2012, 2015, and then later bonds him out -
13 say much at that point. Says that he has a soft place in his
19 search warrant at that condo on October 31, 2021, and this was
21 case.
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1 during which time Mr. Derosier is sending him naked pictures of
3 20 years of age.
6 August 23, 2021, after his bond was revoked in state court. So
21 THE COURT: ?
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1 at best it's questionable. And, of course, his relationship
9 offense is a .
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1 residence in Grand Forks, including on his person and in a safe
4 that was recovered from the safe that was found in his bedroom
7 child pornography. And I'm not going to talk about that child
9 that supports the Complaint, the numbers and then some of the
10 images.
16 with when these victims were underage, and this goes back to
17 2011.
20 taking time because, of course, they don't have the same phone
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1 sexually graphic images to the defendant, or at least three of
3 activity with them when they were underage. And again, we have
25 with what one of the victims who has been interviewed told law
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1 enforcement, that he had sex with the defendant when he was a
2 minor and he had sex with Mr. McHaney. Mr. McHaney introduced
5 HSI, and what does he say? He says that they met roughly ten
15 and interviews him, and it's consistent with what the forensics
20 said, "Yes, I had sex with Mr. Derosier when I was underage,
21 and Mr. McHaney, that they sexually assaulted me." And again,
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1 defendant's person. The search warrant was executed in
3 from his person was not -- law enforcement was not able to gain
6 enforcement.
14 he is sexually assaulting .
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1 that he is sexually abusing these . Sometimes he
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1 they seized media, including a telephone. The forensic
5 can infer that child pornography was traded based upon what is
20 total there -- I think there are five cyber tips in this case,
23 back many years, but Special Agent Smith has been -- has since
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1 one of the first cyber tips that came to North Dakota I believe
6 enforcement that his devices had been stolen. Devices had been
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1 warrant affidavits, as well as the information that I have
3 from the HTC cell phone, some of which have been -- some of
20 provide them. I have them all right here, but they will be
22 evidence.
25 that -- I don't know when that's going to be, and that's the
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1 problem here. The government unloads all of these allegations,
14 here is, seeing the end of the state case, filed a Complaint
18 version of this case was charged out quite a while ago. It was
20 the docket in that case, and it looked like the State of North
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1 hearing which took place over the internet, that they were
3 access the internet, knowing that the Court had scheduled the
5 happen.
7 this -- in that case and had been doing what he needs to do.
11 be, which is the residence that we are asking for his release
13 release plan.
20 of the information.
22 playing a fast one with the status of this condo. He was not.
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1 wasn't misleading pretrial services. That is a place that he
2 has.
5 that place, Your Honor, is not too far away from the
6 courthouse. It's not too far away from where his pretrial
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1 mentioned the Thief River Falls theft case that was ten days
4 Starting with the ones that are upfront in bold on page 3, both
14 Mr. Derosier had been checking to see what the status of that
15 was, and after several months kind of took his eye off of it.
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1 the nature of those charges, appear to be not -- not serious
3 release.
12 unclear. It's not with certainty that Mr. Derosier is the one
15 I'm basing this on the affidavit because this is, frankly, the
24 on the state bond that he was able to abide by, was that he not
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1 It wouldn't be necessary.
9 well, and he verified the same, understood what was going on,
12 clear that he understood what was going on. And I would say
13 that I'm unaware of any concern that he had regarding what the
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1 Lund in Fargo who would have very important and relevant
5 be home confinement.
23 this case. So not only I have not been given those, I don't
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1 evidence, I'd ask the Court to consider the fact that the
4 That's a factor the Court has to consider, but would just ask
5 the weight of the evidence and the weight to apply that factor
8 does allege some serious conduct, Your Honor, but it's not
13 depicted in the affidavit are over two years old, and the state
14 case has been going on for quite some time. Typically when
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1 custodian in , and that those conditions alleviate any
10 are cases where he's out on bond and he's appearing by summons
16 look at his record, the most serious case that he's going to
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1 The facts and circumstances leading to his arrest, where he was
5 he is, and then based on that, Your Honor, we're asking for his
9 correct?
16 that purpose.
18 that has been said, and first, I take issue with the fact that
19 this isn't a serious crime. I think there are few cases, few
23 young boys who are sexually abused. And each one of those
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1 defendant is distributing them to individuals who also have a
20 when you -- when you take -- when you look at it in the context
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1 North Dakota, because those conversations, he's -- he's
14 defendant.
18 believe, and that comes from, as I say, the HTC cell phone.
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1 and I don't think anything he has submitted overcomes, again,
8 that's what you choose. But if you want to go ahead and tell
18 distinction there.
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1 that and ask that we continue this proceeding so that I might
19 provide --
22 Mr. Bellmore.
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1 hearing after your attorney has a chance to look at those
8 today?
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1 (The above-entitled matter came before the Court, The
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17 and I will say to the two of you, if you have any difficulty
19 to remedy that.
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1 first this afternoon, and we can go from there.
22 Mr. Derosier via the Complaint and the three charges that are
23 listed in there.
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1 on the weight of the evidence here. The evidence here is an
22 contract for deed, that that remains a housing option for him.
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1 significant other, who has told pretrial services that he would
14 and with Mr. Derosier's education and -- and work history, he'd
21 and pay for living expenses, and that would keep Mr. Derosier
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1 Court is concerned about employment, Mr. Derosier can be
2 gainfully employed.
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1 court and get those matters taken care of.
12 considering his -- the way he had stuck around for his state
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1 not because he cannot overcome. He is a hands-on offender of
3 Smith, and some of whom have been interviewed and confirm that
5 some oral sex with this defendant or with the defendant and
7 custody as -- today.
10 matter because the Bail Reform Act is very, very clear that the
12 in the face when they haven't had the discovery yet, Your
14 to give, but it's very clear that the parties can proceed by
23 something that the United States did, in fact, rely on, but
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1 traveling in interstate commerce with the intent to engage in
10 .
18 them.
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1 of itself to conclude that the defendant poses a serious risk
17 defendant has made one payment on it, one payment, that's it,
25 paid his condo dues, his special assessments. All that would
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1 confirm what Mr. Biel has said about the -- about his failure
8 And he's living with a young man who he's offered up to other
11 these warrants that have been issued for his failure to appear.
12 I know he has explanations for them, but in the end they are
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1 MR. BELLMORE: Your Honor, I'm just going to object
18 Mr. Bellmore just pointed out, there has been some rebuttal of
20 consider the presumption even though that release plan has been
21 presented.
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1 I have considered the information in the affidavits supporting
10 set out in 18 USC 3142(g), I find that the government has met
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CERTIFICATE
) ss
County of Burleigh )
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