RI judge declines to suppress evidence in priest child-porn case

PROVIDENCE – A federal judge has refused to suppress key evidence in the government’s case accusing a former Providence priest of possessing and sharing child pornography across illicit peer-to-peer networks.

U.S. District Court Judge William E. Smith this week rejected Father James Jackson’s motion to suppress evidence gathered during court-approved searches last year of St. Mary’s Catholic Parish and rectory, at 538 Broadway. At the time, Jackson was a pastor at the church.

Jackson, through his lawyer, John L. Calcagni III, challenged the warrants as overly broad and lacking in particularity, in violation of his constitutional rights.

The charges:Providence Catholic priest charged with sending child pornography

Father James Jackson’s complaint about search warrants

He complained that the affidavit “lists a smorgasbord of every conceivable electronic device imaginable” and that authorities had done little to narrow the search’s scope, as required by the Fourth Amendment.

“Entire libraries can be contained in a small computer or a cellphone. Small storage devices have enormous capacities,” Calcagni said.

Jackson, a member of the Priestly Fraternity of St. Peter, implored the court to set limits on such searches.

“This case is different than the typical case where an identified person’s IP address for his residence is involved; rather, it presents the need for regulation of searches that do not particularly describe the location to be searched or the thing to be seized when dealing with multiple buildings, residents and employees and multiple potential devices containing massive amounts of digital information,” he said.

The warrant in question called broadly for a search of all computer hardware, software, mobile devices and portable digital storage devices and their contents, as well as all “computer-related documentation, records, documents, materials, proceeds, passwords or other data security devices related to the possession and transfer of child pornography.”

Fourth Amendment search doctrine in the digital age

Smith acknowledged that courts have struggled to adapt the Fourth Amendment search doctrine to the digital age, but noted that “courts generally recognize that search warrants may authorize broad searches of electronic data on cellphones and computers” and still be constitutionally sound.

“Here, the warrant broadly authorized the seizure of devices … which is comparable to the broad authorization to seize electronic devices that other courts have upheld,” Smith said. The judge emphasized that the warrant had specified that the items be related to alleged child pornography crimes.

Smith also rejected arguments that the warrant lacked the required specificity of locations to be searched.

Still, Smith gave a nod to the premise of Jackson’s arguments that computer searches might need to be reined in.

“Defendant’s point is well taken. Courts have expressed concern with the search and seizure of electronic devices and have indicated a need for greater restrictions,” Smith said.

Nonetheless, he said, “the law as it stands today permits the search that was executed here.”

Calcagni said he was disappointed by the ruling.

"The Court issued its decision without conducting an evidentiary hearing," Calcagni said.

He said they are considering filing a motion for reconsideration so they can "supplement the record with more information about the nature and characteristics of the rectory, or ask the Court to conduct an evidentiary hearing to determine the same."

Child pornography investigation in Kansas

Jackson is being held at the Donald W. Wyatt Detention Facility after admitting last month that prosecutors could prove that he violated his bail terms. The government moved to detain Jackson after learning in July that he was the primary target of a child pornography investigation in Kansas, where he was living with his sister during the pendency of his case.

Kansas investigation:Former RI Catholic priest facing child-pornography charges is back behind bars

Federal court documents say that investigators in Kansas “identified internet activity linked to Mr. Jackson from May 2022 to June 2022 in which he allegedly engaged in accessing child pornography.” Jackson has not been criminally charged in Kansas, though the police findings have been referred to the Johnson County District Attorney’s office, according to Overland Park police.

Jackson, 67, had been free on $10,000 surety bail with GPS monitoring and other strict conditions in Kansas following his arrest in Rhode Island in October 2021.

Jackson is facing one count each of receiving and possessing child pornography. He has pleaded not guilty to the charges.

Jackson’s case is down for trial calendar call next week, but Calcagni said he plans to seek a continuation.

Investigting child pornography:RI's Internet Crimes Against Children Task Force faces an uphill fight, with cases on the rise

This article originally appeared on The Providence Journal: RI judge refuses to suppress evidence in priest child-porn case