OCALA, Fla. – A senior citizen is facing 20 felony charges after a detective “conducting an online investigation on the BitTorrent network” reported finding child pornography on four devices at his Florida home.
The investigation started when the detective reported finding a device there
“was associated with a torrent file [that] referenced six files, at least one of which was identified as being a file of investigative interest to CSAM [child sex abuse material] investigations.”
In fact, the arrest report from Marion County said, a Sarasota County detective and a Homeland Security special agent also connected “with the suspect device and received files of CSAM from the suspect device,” since his own finding last March.
“Using a computer running investigative BitTorrent software, a direct connection was made to the device” at the IP address, and authorities downloaded “numerous files of CSAM” from that device, noting the device “was the sole candidate for each download, and as such, each file was downloaded directly from this IP address.”
A note on the technology: “Peer-to-peer file sharing allows people using P2P software to download and share files with other PTP users using the same or compatible P2P software. P2P software is readily available on the internet and often free to download. Internet connected devices such as computers, tablets, and smartphones running P2P software from a P2P Network allow users on the network to share digital files. BitTorrent is one of many P2P networks. … The user must first obtain BitTorrent software and install it on a device.”
Also, “Users of the BitTorrent network wishing to share new content will use a BitTorrent program to create a ‘torrent’ file for the file, or group of files, they wish to share.”
And, “To download file(s) from other users on the BitTorrent network, a user typically obtains a torrent file [and] the content referenced in the torrent is archived after the” connection.”
In this case, the detective got a subpoena for “subscriber information” from the internet company, which the arrest report said “indicated a subscriber of James Nicholson, with a service address…”
Then, the detective requested a search warrant on Oct. 3, and served it on Oct. 11.
“MCSO personnel knocked at the front door,” the arrest report said. “After a moment, the defendant, James Nicholson, and his wife, [name], came to the front door and were instructed to step outside. MCSO personnel entered the residence to ensure no one else was inside, and then proceeded to conduct a search.”
Outside, James Nicholson spoke to the detective in his “agency-issued vehicle, a Ford Explorer.”
The arrest report said the detective “asked the defendant what his interpretation of child pornography is, and the defendant replied that would mean pictures and videos of people under 18 in sex acts.
“The defendant indicated that he has viewed child pornography on several occasions over the course of about two years,” the report said.
Then, “Your affiant asked the defendant how he locates child pornography, and the defendant replied that he probably wanted to talk to a lawyer.”
The detective wrote he ended by asking “the defendant if he had any questions for me.
“The defendant indicated he did not, and then uttered that to minimize disruption, on the main computer in the office, I would find nothing on any other device, and if I found anything, it would be on the computer.”
Authorities actually reported finding files that “contained CSAM” on Nicholson’s computer hard drive, two external hard drives, and a thumb drive.”
Finally, the detective “identified and described 20 files” found on the thumb drive, labelling each of the 20 by its filename and a few sentences.
The videos mentioned in the arrest report depicted two to four unclothed “prepubescent children,” all containing girls but most also including boys. Some featured parts of an adult male. One, #13, the report said, “depicts a prepubescent female directing a dog to perform oral sex on her genitalia. The girl also masturbates the dog’s genitalia.”
Nicholson's First Appearance Findings and Orders, Oct. 12, 2024 by Lenny Cohen on Scribd
Nicholson, 73, was arrested and charged with 20 counts of possession of child pornography.
His bond was set at $10,000 for each of the 20 counts. That’s $200,000, and paperwork from his first court appearance shows he was only granted bond when the state did “not file [a] pretrial motion” against it within 72 hours.
Nicholson was released from jail five days after he was booked.
He’s banned from using a computer or the internet, cannot have contact with minors, or even “go within 500 feet of where miners gather.”
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