UPDATE: Dec. 31, 2014
Today U.S. District Court Judge R. Brooke Jackson granted a stay of release on bond in U.S. v. Michael Yellowhorse after the U.S. Attorney’s Office appealed a decision made by a U.S. Magistrate Judge to release the defendant on a $25,000 unsecured bond with numerous conditions, including that he be held in home detention with electronic monitoring. Yellowhorse was arrested last week based on a Criminal Complaint for the production and transportation of child pornography.
DENVER - Michael Yellowhorse, born in 1987 and of Denver, Colorado, was arrested last week based on a Criminal Complaint for the production and transportation of child pornography, the U.S. Attorney’s Office and the U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) announced. Yellowhorse appeared this afternoon before U.S. Magistrate Judge Boyd N. Boland for a preliminary hearing and detention hearing. Magistrate Judge Boland found during the preliminary hearing that probable cause existed that Yellowhorse committed the crimes alleged in the Criminal Complaint. The Magistrate Judge then ordered the defendant released on bond. The government is considering filing a request for emergency stay of the release order to obtain a review of the conditions of the defendant’s release.
Yellowhorse made his initial appearance before a Magistrate Judge on the day he was arrested, Dec. 23, 2014. At that hearing he was advised of his rights and the charges pending against him. The preliminary hearing and detention hearing occurred today, Monday, Dec. 29, 2014.
According to the Criminal Complaint, Yellowhorse is charged with two counts of production of child pornography and one count of transportation of child pornography. During the hearings, evidence was presented that the defendant was investigated for posting images to a photo-sharing website popular amongst individuals interested in trading child pornography. Additionally, evidence was presented showing the defendant sent child pornography to an undercover investigator in Australia. Further investigation, to include preliminary analysis of the defendant’s cell phone and computer, revealed that the defendant created the child pornography he sent to the investigator in Australia.
If convicted, Yellowhorse faces not less than 15 years, not more than 30 years in federal prison, and a fine of not more than $250,000 for each of the two counts of producing child pornography. He faces not less than 5 years and not more than 20 years in prison, and up to a $250,000 fine for the one count of transportation of child pornography.
This case is being investigated by ICE HSI. The defendant is being prosecuted by Assistant U.S. Attorney Alecia Riewerts.
The charges are allegations, and the defendant is presumed innocent unless and until proven guilty.
A Criminal Complaint is a probable cause charging document. Anyone accused of committing a federal felony crime has a Constitutional right to be indicted by a federal grand jury.
This case was brought as part of Project Safe Childhood (PSC), a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s? Offices and the Criminal Division?s Child Exploitation and Obscenity Section, PSC marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about PSC, please visit http://www.justice.gov/psc/ For more information about Internet safety education, please visit http://www.justice.gov/psc/resources.html and click on the tab ?resources.?
Source: U.S. Department of Justice, Office of the United States Attorneys
