Judge rules against pretrial release of fired Smyrna detective facing child porn charges

Neither his career in law enforcement, his military service nor that he is a family man were good enough reasons for a judge to allow the pretrial release of a former Smyrna police officer federally charged last week with distributing and possessing child pornography.

Michael Anthony Kealty's attempt to be released from jail and into the custody of his wife and parents as his case moves forward was met with opposition from Assistant U.S. Attorney Briana Knox, who noted the crimes he is accused of occurred under his wife's nose. Knox also said they occurred while he was a police officer and in the Air Force Reserve.

"Mr. Kealty lived a double life," Knox said during the Thursday hearing in Wilmington's U.S. District Court. "That's what is so disturbing."

The 33-year-old former police officer has been federally detained since his Oct. 16 arrest on charges he distributed child pornography via his Snapchat account in August. Court records obtained by Delaware Online/The News Journal claim the material was that of a prepubescent girl engaging in a sex act.

More: Fired Smyrna detective federally charged with distributing, possessing child pornography

The FBI learned of the child sexual abuse material following a tip from the National Center for Missing and Exploited Children.

What else authorities found on Kealty's Snapchat account

After obtaining a warrant, the FBI searched Kealty's Snapchat account, which could be accessed from both his personal phone and the one issued to him by the Police Department.

In addition to various selfies of Kealty, the FBI was able to confirm the child sexual abuse material that prompted the tip. The search also found an image Kealty sent on Aug. 7 to another user depicting a prepubescent female lying face down across a man's lap. The girl is completely nude, except for socks on her feet. The male, who is also nude, is raping the girl with his hand in the image.

The FBI search also found conversations between Kealty and others, in which court documents say the former police detective expressed sexual interest in girls ages 14 to 16. He also offered to send photos from a football game he'd volunteered to work at for overtime:

• "I'm working a high school football game as OT was going to see if ya wanted me to try and sneak ya some pics lol."

• "Won't be nothing crazy but maybe some cute asses."

More: Rape images, racist chats: Evidence against ex-Smyrna detective facing child porn charges

There was also a monthslong sexual conversation the FBI said Kealty had with a 16-year-old girl in which he asked for pictures of her breast and vagina and whether a third person would be into watching him have sex with the girl.

When the girl said she was uncomfortable sending him pictures of her body, court documents said Kealty told her: "Then show me some pics of friends or your sister or someone since you don't want me to [expletive] to pics of you like I want to."

His Snapchat account also contained language the FBI said indicated he "loves" rape and used racist and vulgar language when referring to women and girls, particularly Black and Latina females.

"I'd rape that slutty [racial slur] like my ancestors did in NC back when America was great" was one of the quotes attributed to Kealty in court documents.

Former detective fired from department

Once learning of the extent of the accusations, Smyrna police fired Kealty from the job he'd held for seven years.

Smyrna Police Chief Torrie M. James issued a statement explaining how his department fully cooperated with federal authorities in their investigation.

"After receiving the full details of the investigation for the first time, Michael Kealty was immediately terminated from employment at Smyrna PD," James said in his statement. "His actions do not reflect the values of myself, my officers, or the profession of law enforcement. Nor do they conform to the mission statement of the Smyrna Police Department."

The argument for Kealty's release

Kealty's attorney, John S. Malick, filed a motion for his client's release, which included 11 letters of character reference in hopes they would sway Magistrate Judge Sherry R. Fallon. The letters were from family and friends, vouching for his character while also saying they understood the severity of the charges he faces.

"I believe in Michael then and I believe in him now," read part of the letter sent by Dennis A. Desilet, a friend and Delaware probation and parole officer who wrote as a private citizen. "Sadly, 12 years later, along with his loving family and close friends, I am stunned to learn of his arrest and the shocking allegations of unfathomable misconduct."

"There are so many questions and few answers," Desilet's letter went on to say. "However, as I seek clarity and understanding, I am reminded our system of justice is based on a core principle that someone accused of a crime is innocent until proven guilty. In the days and weeks ahead, I will continue to pray for Michael and his family because they have earned my faith and support."

Malick said his client would not be a flight risk and would stay at his parents' home and obey conditions imposed on him, including GPS monitoring, no contact with anyone under 18 and no access to the internet, as well as mandatory counseling for any mental health issues he is suffering.

Kealty served as an explosives ordinance disposal specialist while in the military and even served in the Middle East, Malick pointed out, adding many times people who have served in the military return with mental health issues.

More: Wilmington firefighter caught with child pornography blames PTSD

Judge Fallon, however, said she had problems with releasing Kealty at this point, adding that it would be hard to avoid the internet at his parents' home and that the home also ran a childcare service. She said she had trouble understanding how these things could just be moved elsewhere.

"That's very troubling for the court," she said.

Returning to custody

After the hearing ended, Kealty extended his arms as the U.S. Marshal took handcuffs from the prisoner's belly chain and cuffed the former officer, who sported a beard and wore a green prison jumpsuit.

"I love you," his family said as Kealty was escorted from the courtroom.

If convicted, Kealty faces up to 20 years in prison, with the possession charge holding a maximum penalty of 10 years.

Send tips or story ideas to Esteban Parra at (302) 324-2299 or eparra@delawareonline.com.

This article originally appeared on Delaware News Journal: Fired Smyrna detective facing child porn charges will stay in jail