Herman indicted in child porn case
A federal grand jury on Tuesday indicted a convicted sex offender on three counts accusing him of using the Internet to violate federal child pornography laws while he lived with a Spokane police officer.
Thomas A. Herman, who has been in jail since July 25, was indicted on one count of receipt of child pornography, advertising child pornography and a third count of possession of child porn.
If convicted, the receipt and advertising counts carry minimum terms of 15 years in federal prison, up to 40 years, said Thomas Rice, first assistant U.S. attorney.
Herman was not indicted on charges of being a felon in possession of firearms, even though federal agents found weapons in the north Spokane house where he was living.
The federal pornography charges against Herman are the result of an international investigation, carried out by the FBI, into an Internet site operated by the “North American Man/Girl Love Association.”
The association contends adult men have a legal right to have sex with girls.
Herman was one of 22 suspects arrested in 20 states for allegedly posting and trading encrypted child pornography images on the association’s Web site. It’s that alleged activity that resulted in the “advertising” count against Herman, Rice said.
Herman is scheduled to be arraigned Thursday before U.S. Magistrate Judge Cynthia Imbrogno on the indictment, which includes a fourth count seeking forfeiture of his two computers and related equipment.
Last week, Herman waived his right to a court hearing where his public defender could have argued for his release from jail, pending trial.
Assistant U.S. Attorney Stephanie Lister is expected to argue on Thursday that Herman remain in custody without bond because he is a danger to the community.
The 65-year-old Herman, convicted of photographing and raping small girls in the mid-1980s, lived in the home of Spokane Police Cpl. David Freitag and his wife. They have not been charged with crimes.
Freitag has retained Spokane attorney Carl Oreskovich who said last week the police officer “has done nothing wrong and only was a caring neighbor.”
The veteran police officer has been on paid “administrative leave” from the department since the day of Herman’s arrest by FBI agents.
A week ago today, Deputy Police Chief Al Odenthal confirmed that the department is conducting a criminal investigation of Freitag.
Odenthal wouldn’t elaborate, but other sources said the investigation centers on possible child endangerment issues and why the police officer was storing a collection of firearms for a convicted felon who couldn’t legally possess weapons or ammunition.
Freitag and his wife, who live in a home on North Stevens, have a 7-year-old daughter and two teenage sons, sources say.
State Child Protective Services case workers reportedly are investigating the welfare of the three children and attempting to determine what sort of contact they may have had with the convicted sex offender living under their roof.