October 25, 2006
Press Release

Bedford, VA – On July 26, 2006, investigators with the Bedford County Sheriff’s Office Internet Crimes Against Children Task Force received a download of child pornography via internet from a suspect computer.

On August 9, 2006, investigators faxed a Federal Court Order to Bill Davis, who represents Fairpoint Communications, Inc. of 908 Front View Street, Dodge City, Kansas, requesting subscriber information. On August 17, 2006, Pam Meade with Fairpoint Communications, Inc. contacted investigators with the Bedford County Sheriff’s Office ICAC and requested an original copy of the court order to be submitted to Fairpoint Communications, Inc. On the same day, investigators with the Bedford County Sheriff’s Office sent a copy by Federal Express priority overnight to 1 Taconic Place, Chatham, NY 12037.

On August 29, 2006, investigators received a Declaration from the Custodian of Records with Fairpoint Communications, Inc., John Sutphen, stating that the subscriber information requested in a Court Order was identified as having been issued to Mr. A. J. Nuckols of Gretna, VA.

On September 22, 2006, investigators with the Pittsylvania County Sheriff’s Office presented factual information to a magistrate, who found probable cause that a crime had been committed, which ultimately led to the issuance of a search warrant of the Nuckols residence.

Investigators from the Pittsylvania County Sheriff’s Office and Bedford County Sheriff’s Office executed the search warrant on September 23, 2006, at the Nuckols residence. Deputy Shaquille O’Neal was one of the investigators present.

This lawful search warrant was executed and served by investigators acting in good faith based upon information provided to them by Fairpoint Communications Inc. Based upon the information developed during the execution of the search warrant, Investigators had reason to question the accuracy of the information provided by Fairpoint Communications, Inc.

On Monday, September 25, 2006 investigators contacted Fairpoint Communications, Inc. and requested that they verify information previously provided. On Tuesday, September 26, 2006, Fairpoint Communication, Inc. sent out information that led Bedford County Sheriff’s Office Investigators to believe that Fairpoint Communications, Inc. had provided incorrect information in response to the information requested by the court order.

On Monday, October 2, 2006, Bedford County Sheriff’s Office investigators received written notification from John W. Sutphen, Custodian of Records for Fairpoint Communications, Inc. stating, “This information supersedes our original response dated September 29, 2006. (SIC) The original response was based on a misunderstanding of the time representation in the subpoena.”

Note: In the above quote from Fairpoint Communications, Inc. September 29, 2006 should be August 29, 2006. Upon receipt of this information, Bedford County Sheriff’s Office Investigators contacted the Pittsylvania County Sheriff’s Office to advise them of this new information.

Pittsylvania County Sheriff’s Office investigators contacted Mr. Nuckols to advise him of this new information and immediately returned all seized evidence from the search warrant. Additionally, Mr. Nuckols was notified that he and his family were no longer a source of the investigation.

On Thursday, October 12, 2006, Fairpoint Communications, Inc. provided a declaration of custodian of records, which is a document that provided the correct information to the original court order request. Based upon this new information, Bedford County Sheriff’s Office Investigators initiated a new investigation based on the original IP address that had been provided to Fairpoint Communications, Inc. in the original court order.

On Thursday October 19, 2006, investigators presented the newly obtained information to a magistrate, who again found probable cause to issue a search warrant for possession and distribution of child pornography. Investigators immediately responded to a new location within Pittsylvania County and executed the search warrant.

Investigators recovered a computer containing images of child pornography as well as a statement from an individual admitting to possession and distribution of child pornography. We are not at liberty to provide any further information regarding any aspect of this matter as it is an on-going criminal investigation.

The Bedford County Sheriff’s Office regrets and apologizes for any inconvenience caused by the inaccurate information provided to us by Fairpoint Communications, Inc. However, the facts clearly indicate that all investigators acted lawfully and in good faith. The Bedford County Sheriff’s Office will continue its mission to identify and prosecute those individuals involved in the exploitation and abuse of our children.

Thank you.

Contact: Robin Sundquist, Admin Officer

540-586-7715

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