A former Missoula police officer will plead guilty Feb. 12 to a federal charge of receiving sexually explicit photos of children over a computer owned by the police union.
Daniel Jason Huntsinger, who was hired in Missoula in January 2000, is charged with a single count of receipt of obscene material and will appear in U.S. District Court in Missoula.
Documents filed in federal court in Missoula outline the case against Huntsinger and note his agreement to plead guilty to the single federal charge.
Huntsinger, who spent more than a year on administrative leave, resigned from the Missoula Police Department last September. He had been under a cloud of suspicion since Sept. 10, 2007, when federal agents from Immigration and Customs Enforcement seized his work computer at Missoula City Hall and a laptop computer from the Missoula Police Protective Association.
At the time, police officials repeatedly declined to say why Huntsinger was on leave, citing employment privacy concerns.
According to an offer of proof filed in the case, the investigation got under way in April 2006 when ICE agents began looking at commercial Web sites that offered “pay subscriptions to pornography and erotica depicting persons under the age of 18 years of age.”
In December 2006, Huntsinger used a Sears MasterCard and a PayPal account to buy access to a Web site called “Lolitas on Holiday.” Huntsinger registered with an e-mail address of busyhands264@aol.com and used as his MasterCard address a post office box number registered to a federal drug task force to which he was detailed.
“He used a computer belonging to the Missoula Police Protective Association, of which he was then president, to access the site,” states the offer of proof from Assistant U.S. Attorney Marcia Hurd.
A forensic examination of that computer “revealed that Huntsinger had used the computer to access the purchased site, as well as used the computer to search the Internet for various other types of images,” Hurd wrote. “Some of the images found were obscene, in that they were images of persons under the age of 18 years engaged in sexually explicit conduct by the lascivious exhibition of their genital areas.”
The offer of proof said Huntsinger also had visited other Internet pornography sites involving juveniles.
The documents state that Huntsinger has agreed to plead guilty, but there is no reference to a sentencing recommendation.
The crime is punishable by up to five years in prison, a $250,000 fine and three years of supervised release. Assistant U.S. Attorney Jessica Fehr said the department would have no further comment until Huntsinger appears in court.
Jason Huntsinger was a popular officer who moved quickly up the ranks in Missoula, but his reputation eventually started to unwind on two lines.
Missoula Police Chief Mark Muir was assistant chief when the September 2007 search took place, but he put together bits and pieces of the case as time dragged on and Huntsinger remained on paid leave.
By the time Muir became chief in June 2008, he knew a handful of things.
“I knew that our computer had been taken and been returned, and I knew that the association's computer hadn't,” Muir said. “I knew a credit card had been used, and I knew he used the HIDTA (High Intensity Drug Trafficking Area) address. I also knew what ICE investigates, so I had an idea what was in the balance. But I didn't have any other evidence.”
Still, by July, Muir was ready to tell Huntsinger that his paid leave was over.
“I had to decide how long I'd let this go on,” he said. “We'd already been past two deadlines where the feds had told us they'd be done (with the investigation), and I had to make a decision as to whether the taxpayers should keep paying for this guy.”
Muir called Huntsinger in and told him he'd return him to his job if he was cleared, but for now, he was on unpaid leave.
“He told me he'd be back at work one day,” Muir said.
Less than three months later, on Sept. 25, 2008, Huntsinger called Muir and wanted to visit.
“He came in and gave me a one- or two-line resignation and that was it,” Muir said.
Huntsinger's reputation had taken another hit in March, when details of his departure from a previous police job in Downey, Calif., appeared in the Missoulian.
Based on interviews of officers and city officials in Missoula and Downey, the story revealed that Huntsinger lost his job in Downey for two reasons.
First, he had taken pictures of female crime victims for evidence. Those pictures involved intimate areas and would normally have been taken by a female officer or evidence technician.
Worse, the pictures were found in Huntsinger's personal possession rather than an evidence locker, officers aware of Huntsinger's employment told the newspaper. The women later told Downey officers they were uncomfortable with Huntsinger taking the pictures, but didn't say anything because he was a police officer.
Second, another female crime victim became concerned about Huntsinger's solicitous behavior toward her after he investigated the crime committed against her.
“She wasn't clear who the good guys were anymore,” a former Montana law enforcement official said.
Although Downey officers said Huntsinger's employment file revealed precise reasons for his departure, the Missoula Police Department's vetting process failed to find the information when he applied for work here.
Former Missoula Police Chief Pete Lawrenson said last March that he wasn't as thorough as he should have been in the hiring process.
On two subsequent occasions after his hiring, Missoula police were notified about Huntsinger's issues in Downey, but he remained on the force and eventually became a sergeant.
Then came Sept. 10, 2007, when ICE officers entered the police department and seized Huntsinger's computers.
Because Huntsinger resigned from the department last year, the federal charge won't have an effect on day-to-day operations at the police department. However, the case still may affect both the department and the city of Missoula.
Huntsinger is currently a defendant, along with the city, in a federal case filed by Dr. Walt Peschel. Peschel claims his civil rights were violated when he was arrested in 2007 while trying to help a suicidal woman.
Huntsinger was the ranking officer in that case and was also the last person to allegedly view a police video of the incident before the video disappeared.
Peschel's attorneys have argued that it's possible Huntsinger erased the video.
“I think it's fair to say that this is interesting information having to do with one of the principal officers involved in the events that gave rise to our case,” said attorney David Paoli, who represents Peschel. “It really has us looking at the hiring and retention practices at the police department.”
Huntsinger will soon be deposed in the Peschel case, Paoli said.
But first he will appear Feb. 12 in Missoula before U.S. District Judge Don Molloy.
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