United States District Court,
E.D. Virginia,
Richmond Division.
UNITED STATES of America
v.
William Adderson JARRETT, Defendant.
Nov. 1, 2002.


RICHARD L. WILLIAMS, Senior District Judge.

--------

[snip]

8. Unknownuser sent Murphy two more messages shortly thereafter, one on 
July 17 and one on July 18, 2000, expressing a sense of urgency about 
the matter and requesting a response from Murphy. (Att.1, p. 7-8.)
9. Murphy replied on July 19, 2000, indicating that the investigation 
was continuing, and requesting more information from Unknownuser, 
specifically asking, "will you please send the IP address for the 
suspect?" (Att.1, p. 9.)
10. Also on July 19, 2000, Unknownuser responded with the requested 
information. (Att.1, p. 9.) Unknownuser sent two additional messages on 
July 19, 2000, and one on July 20, 2000, with additional information 
about Steiger, including the internet account and access information 
Steiger used, as well as checking account and other financial 
information about Steiger. (Att.1, p. 10- 13.)
11. On August 7, 2000, Murphy sent an email to Unknownuser with the 
subject "we need to reach you right away." The message requested 
additional information from Unknownuser. The substance of the message 
reads: "This is concerning the child pornography case you referred to 
us. Please e-mail me right away so that we may get some information. We 
have had some results in the investigation." (Att.1, p. 14.)
12. The FBI had obtained a search warrant for Steiger's residence and 
seized his computer. The reason that Murphy sent the August 7, 2000, 
email was because the computer was password encrypted and the FBI needed 
assistance accessing the files on the computer. (Tr. at 57-58.)
13. On August 9, 2000, Unknownuser replied that he was on vacation until 
August 11 and needed his own computer to gain access to other computers. 
He closed the message indicating an interest in assisting the 
government, however, stating, "tell me what you need? maybe I can find a 
way." (Att.1, p. 14.)
**3 14. Sometime between August 9 and 11, 2000, Murphy sent another 
message to Unknownuser that read: "Please reestablish contact with us. 
Sorry for the delay, but we have been working on the case. We need for 
you to assist us in gaining entry into the suspect's computer. Your 
assistance will ensure the possibility of a conviction on the suspect." 
(Att.1, p. 15.)
*507 15. On August 11, 2000, Unknownuser replied, indicating he had 
returned from vacation and was willing to help, asking Murphy to "tell 
me what you want." (Att.1, p. 16.)
16. Murphy did not respond to Unknownuser's offer. The FBI gained access 
to the files on Steiger's computer through the repair center of the 
corporation that manufactured the computer. The repair center decrypted 
the password and provided access for law enforcement. (Tr. at 31.) There 
are no recorded email exchanges between Murphy and Unknownuser between 
August 11, 2000, and December 3, 2001.
17. Murphy was in contact with the FBI through Agent Faulkner throughout 
the period of time that he exchanged emails with Unknownuser. According 
to Murphy, he acted as a "go-between" between Agent Faulkner and 
Unknownuser, sending his email responses and requests to Unknownuser at 
the behest of Agent Faulkner. (Tr. at 18-20.) The email exchange that 
occurred between August 7 and 11, 2001, in which Murphy requested 
Unknownuser's help gaining access to Steiger's computer, was at the 
request of Agent Faulkner. (Tr. at 20.)
18. By making multiple requests to Unknownuser for assistance, the 
government actively engaged Unknownuser in its investigation.
19. When Murphy received the first email from Unknownuser on July 16, 
2000, he did not know that Unknownuser had accessed Steiger's computer 
and the offensive files by illegally hacking into the computer through 
the internet. (Tr. at 18.) Murphy was advised of this fact by the FBI at 
some point in the investigation, prior to the August 7, 2000, email in 
which Murphy sought Unknownuser's help accessing the files on the 
computer after it had been seized by the FBI. (Tr. at 19.)
20. After August 11, 2000, Murphy had no direct email exchanges with 
Unknownuser until December 3, 2001, when Unknownuser contacted Murphy 
with information about the defendant, William Jarrett. (Tr. at 24.)
21. At no point during his email correspondence with Unknownuser did 
Murphy advise Unknownuser that hacking into computers is a violation of 
federal and Alabama law. At no point during the correspondence did 
Murphy ask Unknownuser to stop his illegal hacking or inform him of 
possible ramifications if he continued the conduct. (Tr. at 23-24.)
22. In September 2000, Agent Faulkner worked with the Baltimore, 
Maryland office of the FBI in an attempt to determine the identity of 
Unknownuser. (Tr. at 52.) The Baltimore office prepared a memo that 
outlined a method by which the identity of Unknownuser might be 
determined. (Tr. at 52.) The FBI learned that the internet provider used 
by Unknownuser was located in Turkey. (Tr. at 52.)
**4 23. At some point in the FBI's attempt to determine the identity of 
Unknownuser early in the Steiger investigation, the FBI obtained a 
United States phone number for Unknownuser. Agent Faulkner called the 
phone number and was connected to a voicemail service. Agent Faulkner 
left two voice messages for Unknownuser, asking him to contact the FBI. 
Unknownuser did not respond to the voicemail messages at that time, but 
a later email message in which Unknownuser *508 commented on Agent 
Faulkner's accent shows that Unknownuser did in fact receive the voice 
messages. (Faulkner Test., Oct. 3, 2002.)
24. During the year 2000, FBI Special Agent James Duffy served as a 
Legal Attache for the FBI in Turkey. In November 2000, he received an 
official request from Agent Faulkner to investigate and try to identify 
Unknownuser. (Tr. 26-28.) According to Agent Duffy, it was obvious from 
the information provided by Agent Faulkner that Unknownuser hacked into 
Steiger's computer. (Tr. at 28.)
25. Although "hacking" into computers is a violation of American law, it 
is not an extraditable offense pursuant to a 1980 treaty between the 
United States and Turkey. Therefore, according to Agent Duffy, that 
meant that the Turkish National Police would not assist him in 
investigating the identity of Unknownuser. (Tr. at 28-29.) As a result, 
the FBI was unable to take the steps necessary to determine 
Unknownuser's identity as outlined by the Baltimore office's September 
2000 memo. (Tr. at 52-53.)
26. In response to Agent Faulkner's official request, instead of 
engaging the Turkish National Police, Agent Duffy began his 
investigation by sending an email to Unknownuser. The email was sent at 
some point in November 2000, prior to November 29, 2000. In that email, 
with the subject "I need your help," Agent Duffy asked Unknownuser to 
contact him by telephone at the United States Embassy in Ankara, Turkey. 
Duffy explained that he is a Legal Attache, the overseas title for an 
FBI agent, and that he wanted to speak to Unknownuser about the 
information sent to the Montgomery, Alabama police. Duffy added: "The 
person you notified the police about has been arrested. Thank you for 
reporting this crime. We still need your help in tying up a few loose 
ends." (Att.1, p. 17.)
27. At some point after sending the email message, Agent Duffy, working 
with Agent Faulkner, composed a list of questions to ask Unknownuser in 
the event that Agent Duffy was able to talk with Unknownuser. (Tr. at 32.)
28. A few days after sending the email, Duffy received a phone call in 
response to the message. The caller had a Turkish accent and identified 
himself as "Unknownuser." (Tr. at 31-32.) Agent Duffy spoke with 
Unknownuser and asked him the list of questions he had prepared with 
Agent Faulkner. Unknownuser responded that he would get back to Agent 
Duffy with the answers. They also discussed the method by which 
Unknownuser searched Steiger's computer, with Unknownuser explaining 
that he used a Subseven Trojan Horse virus and describing his activity 
as "hacking" into the computer. (Tr. at 33- 34.)
**5 29. Also during the telephone conversation, Agent Duffy thanked 
Unknownuser for what he had done, stated that he appreciated what 
Unknownuser had done, and told Unknownuser that he had possibly saved 
two young girls. (Tr. at 34.) Agent Duffy asked Unknownuser to reach out 
to him because Agent Duffy want to speak with and meet with Unknownuser. 
Agent Duffy claims that he did not provide directions to Unknownuser or 
encourage him to do additional searches. (Tr. at 34.) The written 
evidence in Agent Duffy's emails as described herein indicates 
otherwise, however, and the *509 Court does not give great weight to 
this assertion by Agent Duffy.
30. On November 28, 2000, Unknownuser called Agent Duffy's office a 
second time, but Agent Duffy missed the call. (Tr. at 36; Att. 1, p. 18-20.)
31. Agent Duffy sent another email on November 29, 2000. In this 
message, titled "Good news," Agent Duffy confirms that the United States 
authorities do not desire to prosecute Unknownuser and that they would 
like to interview Unknownuser. Agent Duffy suggests a date to meet at 
the United States Consulate and asks Unknownuser to "please answer this 
request." Agent Duffy further states, again, that "[y]ou will not be 
arrested--that is a promise. You have helped to save at least two lives 
in the U.S. and [y]ou should be proud of that fact." (Att.1, p. 19.)
32. On November 30, 2000, Unknownuser sent an email reply to Agent 
Duffy's message. Unknownuser states that he will not reveal his name nor 
will he meet with Agent Duffy, indicating that he does not want to have 
an "overseas enemy," referring to Steiger and his lawyer. Unknownuser's 
email goes on to answer some questions that Agent Duffy had mentioned in 
their telephone conversation. Unknownuser explains that he had no prior 
knowledge of Steiger and he writes: "I catched at least 2000 child 
pornography collectors with my trap. 3 of them including this guy was 
producing their own. The other two realized whats going on and cut the 
connection." Unknownuser also explains how he accessed Steiger's and 
other computers, explaining that he used the "well known trojan horse 
named subseven" and provided an internet site where it is available. 
Unknownuser further explained that he "made it undetectable so av 
softwares couldnt see it and bind it with a fake program. After this I 
posted it to [a pre-teen erotica] news group ...." Finally, Unknownuser 
closes the email stating, "If you have any more questions, just mail me. 
I tell you again 'I WILL NEVER TELL YOU MY NAME AND NEVER MEET YOU.' " 
(Att.1, p. 19.)
33. In response to Unknownuser's message of November 30, 2000, Agent 
Duffy sent an email reply stating the following:
Thank you for being so honest. Please check your e-mail periodically as 
I may send you some questions. It will be your option to answer them. If 
you still have any additional images you captured from his computer that 
you believe will help this case, you may forward them to me at [the 
American Embassy]. Again its your option. Thank you for your help in 
stopping this man and thank you for your honesty. If you want to bring 
other information forward, I am available.
**6 (Att.1, p. 27.)
34. The Court finds that the final sentence of the email shows that 
Agent Duffy had at least some expectation that Unknownuser may uncover 
additional information in the future.
35. The next contact that law enforcement agents had with Unknownuser 
was an email sent by Agent Duffy on May 1, 2001. In this message, Agent 
Duffy informs Unknownuser that the trial of Steiger was postponed and 
that there is still an opportunity for Unknownuser to be a witness. 
Agent Duffy again assures Unknownuser that he would not be prosecuted 
for his actions and that Agent Duffy *510 would still like to interview 
him if he is willing. Again, Agent Duffy closes the email saying, "No 
matter what you do, I want to again thank you for your help in this 
matter." (Att.2, p. 25-26.)
36. Unknownuser responded to the May 1 email on May 11, 2001. 
Unknownuser indicates that he wants to contact a lawyer in the Untied 
States before making a decision about whether to either testify or meet 
with Agent Duffy, it is not clear which. According to Unknownuser, he 
spoke with a Turkish lawyer and a prosecutor, both of whom advised 
Unknownuser against revealing himself. (Att.2, p. 25.)
37. Following the May emails, there was no contact between law 
enforcement and Unknownuser until December 2001.
38. In a December 3, 2001, email, Unknownuser resumed contact with 
Murphy of the Montgomery Police Department. This email revealed the 
defendant, William Jarrett, with the following message:
Dear Mr. Murphy
I found another child molester. He is from Richmond, Va. I need an email 
of an FBI agent dealing with these kinds of crimes. The girl is in 
serious danger. If you inform them about me, it will be easier for me. 
They may think that I'm joking or know the guy before. I collected all 
the evidence and waiting for your reply.
regards
P.S. what happened to Dr. Steiger?
(Att.2, p. 1.)
39. On the same day, Murphy replied:
I have contacted the local FBI field office and spoke to the agent who 
handled the Steiger case. She will make the necessary calls to the 
Richmond, Va. field office regarding this matter. I'm awaiting her 
instructions on contacting you on what further action will be taken.
Regarding Dr. Steiger's sentence, he got 17.5 years imprisonment.
(Att.2, p. 2.)
40. Murphy knew Unknownuser's history and modus operandi in the Steiger 
matter, and knew it was likely that he discovered Jarrett in the same way.
41. Agent Faulkner was the FBI agent contacted by Murphy on December 3, 
2001. Like Murphy, she was familiar with Unknownuser and knew that the 
method by which he collected information on potential "child molesters" 
was by illegally hacking into computers through the internet.
42. Also on December 3, 2001, Unknownuser replied, thanking Murphy for 
his interest. (Att.2, p. 3.)
43. Murphy replied again on December 3, 2001, stating:
The FBI has asked that you send whatever information you have regarding 
this criminal complaint to my e-mail address.
**7 (Att.2, p. 4.)
44. By requesting that Unknownuser send the information, the FBI 
indicated its approval of whatever methods Unknownuser had used to 
obtain the information.
45. Murphy and Unknownuser each sent one more message on December 3, 
2001. (Att.2, p. 5-6.)
46. On December 4, 2001, Unknownuser sent a total of thirteen email 
messages to Murphy, including a ten-part series of emails with a total 
of 45 attached files containing the "evidence" Unknownuser had 
collected. *511 Unknownuser also sent a message asking whether all ten 
parts had been received, and a message including the defendant's name 
and some information about how his files are organized on his computer. 
(Att.2, p. 7-19.)
47. On December 5, 2001, in response to two email inquiries by 
Unknownuser wanting to know the status of his report, Murphy replied 
that he received the emails and the attached files sent by Unknownuser, 
that the FBI should be collecting the evidence from Murphy that day, 
that the FBI started an investigation, and that they are establishing an 
email address for Unknownuser to correspond directly with them. (Att.2, 
p. 20-23.)
48. On December 6, 2001, Murphy emailed Unknownuser to inform him that 
the FBI is in receipt of the information, that the Agent working on the 
case is out until the following Monday, and thanking Unknownuser for 
reporting the matter. (Att.2, p. 24.)
49. Based on the information provided to the government by Unknownuser, 
on December 13, 2001, a criminal complaint and application for search 
warrant were filed against Jarrett in this Court. Both were supported by 
an affidavit of Agent Zachary Lowe, Jr. of the FBI. In the affidavit, 
Agent Lowe briefly outlined the information he had received from Agent 
Faulkner about Unknownuser's revelations in the Steiger matter as well 
as the information Unknownuser had provided about Jarrett. Agent Lowe 
had been contacted by Agent Faulkner several times between December 3, 
2001, after Murphy was contacted by Unknownuser but before he had 
received any information, and December 11, 2001, when the FBI had viewed 
the information emailed to Murphy. Included in the affidavit is the 
statement that, "[a]t no time during the Steiger investigation, did 
[Unknownuser] receive guidance from law enforcement officers to conduct 
investigations." (Lowe Aff. p. 5.)
50. A search warrant and an arrest warrant were issued on December 13, 
2001. The FBI executed the search warrant and arrested the defendant.

[snip]