Judge suppresses internet group's evidence, leading to dismissal of local man's child porn charges
Sunday marked two years since state police arrested Thomas Hibbard. At the time, troopers said he had admitted to sending sexually explicit photos and messages to a girl he believed was nine or 10 years old.
But the person he was messaging was a decoy — a member of the 'Predator Poachers' citizen vigilante group that works to catch child predators online, confront them on video, and then tip off law enforcement.
On Monday — the judge in the case said all of that information — and the evidence obtained after that arrest that led to 900 child porn charges — was improperly obtained, so it would not be admissible in court.
The case against Hibbard was thrown out.
'I absolutely agree. I saw this coming a mile away,' said Chalon Young, a defense attorney and Professor of Practice at Pitt Law.
Young said these types of groups have grown in number nationwide and what they're doing actually hurts prosecutors.
'It takes away some incredibly valuable information that, if it was gathered properly, could have been used to put a dangerous person away for quite some time,' Young told Channel 11′s Andrew Havranek.
Westmoreland County District Attorney Nicole Ziccarelli agreed and discouraged people from doing this work.
'In this case, the judge suppressed all of the evidence, therefore the case could not proceed,' Ziccarelli said in a statement. 'The district attorney's office continues to discourage civilians and vigilante groups from conducting their own investigations because it does not conform to the statute and will not be upheld in a court of law. We encourage anyone with information about possible child sexual abuse to report their suspicions to their local law enforcement agencies.'
In his ruling, Judge Tim Krieger said, 'Sexual communications with an adult pretending to be a child are simply not criminal unless the adult is a member of law enforcement acting in the performance of their duties.'
Young agreed and said the judge did what he needed to do — and would do — for any defendant.
'The judge is just simply upholding the Constitution,' Young said.
Young said online vigilante groups like Predator Poachers need to be aware of state laws they might be breaking by improperly recording conversations, and even harassment.
This case is just one of many across the Commonwealth and in Westmoreland County. Channel 11 reported last year that David Holmes was arrested and charged after meeting with a member of Predator Catchers PA, who police say Holmes thought was a 13-year-old girl.
RELATED COVERAGE >>> Man accused of arranging sexual meet-up with who he thought was a 13-year-old girl
'If the situation is the same as it is here, that evidence, I don't see how that evidence could possibly be admitted against him,' Young said.
The District Attorney's Office tells Channel 11 the evidence in Holmes' case is still under consideration -- and that case is still pending.
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