Case 2:21-cr-00235 Document 42 Filed 01/24/22 Page 1 of 9 PageID #: 121

IN THE UNITED STATES DISTRICT COURT FOR THE

SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON

UNITED STATES OF AMERICA

v. CRIMINAL NO. 2:21-cr-00235

TODD CHRISTOPHER ROATSEY

SUPPLEMENTAL RESPONSE OF THE UNITED STATES OF AMERICA

TO DEFENDANT'S STANDARD DISCOVERY REQUESTS, AND
REQUEST OF THE UNITED STATES FOR RECIPROCAL DISCOVERY

Pursuant to Rule 16 of the Federal Rules of Criminal

Procedure, Rule 16.1(a) of the Local Rules of Criminal Procedure,

and the Arraignment Order and Standard Discovery Request entered

by the Court in this case on November 29, 2021, the United States

of America, by counsel, herewith supplements its response to

defendant's Standard Discovery Requests as follows:

Request E: Permit the defendant to inspect and to copy or

photograph books, papers, documents, data, photographs, tangible
objects, building or places, or copies or portions of any of those
items, if the item is within the government's possession, custody
or control, and (i) the item is material to preparing the defense;
(ii) the government intends to use the item in its case-in-chief
at trial; or (iii) the item was obtained from or belongs to
defendant. [Fed. R. Crim. P. 16(a)(1)(E)]
Response:

a. Reports from Computer Forensic Analyst L. Pickering re:

description of suspected child pornography from screen-
recording dated April 29, 2021 (ROATSEY-000939-000943);
b. Response from Mega re: user information for account
costanzag558@gmail.com (ROATSEY-000944-000961);
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c. Mega Glossary (ROATSEY-000962-000965);

d. Description of sample videos of suspected child
pornography from Mega account ultimatew31@gmail.com (ROATSEY-
000966);
e. HSI Report re: Forensic Interview of Minor (ROATSEY-
000967-000969);
f. Search Warrant Application and Affidavit, Google, Case
No. 2:21-mj-00224 (ROATSEY-000973-000996);
g. Search Warrant Application and Affidavit, Mega Account
costanzag558@gmail.com, Case No. 2:21-mj-00226 (ROATSEY-
000997-001010);
h. Search Warrant Application and Affidavit, Mega Account
ultimatew31@gmail.com, Case No. 2:21-mj-00227 (ROATSEY-
001011-001026);
i. Response from Mega re: user information for account
costanzag558@gmail.com (Excel spreadsheet with time stamps);
j. Two audio-recorded interviews of adults re: prior
incidents of sexual assault (Minor Females 7 and 8) (PROTECTED
DISCOVERY);
k. Six video-recorded forensic interviews of minors
(PROTECTED DISCOVERY);
l. Approximately 125 screen-recordings from Snapchat
conversations with two Kanawha County minors (Minor Females
4 and 5) and associated computer forensic reports (ROATSEY-
PROTECTED-0001-0140) (PROTECTED DISCOVERY);
m. Materials re: Minor Female 1, including non-explicit
images, Excel spreadsheets, and reports (ROATSEY-PROTECTED-
0141-0229) (PROTECTED DISCOVERY);
n. Materials re: Minor Female 2, including non-explicit
images and reports (ROATSEY-PROTECTED-0230-0267) (PROTECTED
DISCOVERY); and
o. Video of Minor Female 6 at Pinch Elementary playground
(PROTECTED DISCOVERY).

Request F: Permit the defendant to inspect and to copy or

photograph the results or reports of any physical or mental
examination and of any scientific tests or experiment if (i) the
item is within the government's possession, custody, or control;
(ii) the attorney for the government knows--or through due
diligence could know--that the item exists; and (iii) the item is
material to preparing the defense or the government intends to use

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the item in its case-in-chief at trial. [Fed. R. Crim. P.

16(a)(1)(F)]
Response: Law enforcement is in possession of electronic
evidence received from electronic service providers that contains
child pornography and child erotica. Upon request and at a time
mutually convenient to counsel for the defendant and the
government, counsel for the defendant may inspect the contents of
said electronic evidence. The United States will not permit copying
by the defense of any images or videos containing child
pornography. Please contact Assistant United States Attorney
Jennifer Rada Herrald to arrange a convenient time to view the
evidence.
Request G: Give to the defendant a written summary of any
testimony the government intends to use under Rules 702, 703 or
705 of the Federal Rules of Evidence during its case-in-chief at
trial. If the government requests discovery under Federal Rules of
Criminal Procedure 16(b)(1)(C)(ii) and the defendant complies, the
government must, at the defendant's request, give to the defendant
a written summary of testimony that the government intends to use
under Rules 702, 703, or 705 of the Federal Rules of Evidence as
evidence at trial on the issue of the defendant's mental condition.
The summary must describe the witness's opinions, the bases and
reasons for those opinions, and the witness's qualifications.
[Fed. R. Crim. P. 16(a)(1)(G)]
Response: The United States intends to call HSI Computer
Forensics Analyst (CFA) Leland F. Pickering as a computer forensics
expert. His curriculum vitae is disclosed at ROATSEY-000970-
000972. CFA Pickering will testify as to his forensic analysis of
the electronic media seized from defendant’s residence on October
28, 2021. He will explain the methods used to ensure that the
devices remained unaltered during the examination, the methods
used for examination, and the results of the extraction and
examination, including but not limited to recovered images and
videos, downloaded applications, installed software programs, web
history, and evidence of ownership and use of devices (including
documents, emails, account log-in information, etc.).

CFA Pickering will also testify as to the accessing and/or review

of electronic information from Google and Mega. He will explain
the methods for extraction and review of the electronic
information. He will also testify as to the results of such review,
including but not limited to images, videos, emails, chats, and

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evidence of ownership, use, or dominion over the electronic

information.

Request H: Disclose to defendant all evidence favorable to

defendant, including impeachment evidence, and allow defendant to
inspect, copy or photograph such evidence.
Response: The United States is not aware of any such evidence
aside from what may be provided herein.

Request I: Notify defendant of all evidence the government

intends to introduce pursuant to Rule 404(b) of the Federal Rules
of Evidence.
Response: In compliance with Rule 404(b)(3), the United States
hereby supplements its response to this Request with the following
information about proposed evidence pursuant to Rule 404(b) and
the permissible purposes for the admission of the specified
evidence:

1. The United States intends to introduce any and all of the

approximately 125 video recordings located on defendant’s cell
phone of Snapchat conversations between defendant’s Snapchat
account and Minor Females 4 and 5, as well as testimony from or
regarding Minor Females 4 and 5. These videos, which were recorded
in approximately the summer and early fall of 2020, consist of
screen-recordings created by defendant of communications on
Snapchat between himself (posing as a teenage boy) and Minor
Females 4 and 5, who have been identified as approximately 10 to
11 years of age at the time the videos were created. Minor Female
4 was a Pinch Elementary student at the time the videos were
created, and Minor Female 5 attended a different Kanawha County
school. The videos frequently depict the minor females dancing in
a sexually suggestive manner, sometimes wearing bathing suits or
sports bras. During the videos, defendant is seen sending the minor
females messages describing them as “hot” and “sexy.” Minor Female
5 indicated that defendant had identified himself as an 18-year-
old boy from Ripley. The screen-recordings also contain
information that identifies defendant as the user of the phone at
the time, including previews of emails to his Kanawha County
Schools email address and text messages from his father and
sisters.

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These videos are admissible under Rule 404(b) for the purposes
of proving, among other things, intent, identity, motive, and
opportunity as to Counts 1 through 6 of the superseding indictment
(involving Minor Females 1 and 2). Minor Females 1 and 2 have not
yet been identified, and defendant is currently charged with both
substantive violations and attempts to violate 18 U.S.C.
§§ 2251(a), 2252A(a)(2), and 2422(b). The allegations in those
counts relate to screen-recordings of Snapchat conversations
between defendant’s same Snapchat account and Minor Females 1 and
2. A critical element for the attempt charges is that defendant
possessed the intent to commit substantive violations of those
laws. The videos of Minor Females 4 and 5, along with related
potential testimony, provide evidence that defendant’s Snapchat
account portrayed him as a teenage boy rather than a man in his
40s. They further demonstrate his intent to seek out minor females
through that fictitious persona, as defendant specifically
identified and communicated with minors known to him through his
work at Pinch Elementary. The nature of the videos sent by the
known minors as well as the sexual statements defendant made during
the videos further corroborates his intent to use the fictitious
Snapchat persona to obtain images and videos of minors for sexual
gratification and exploitation. The videos also provide evidence,
through the above-noted email and text message previews, that it
was defendant who was using the Snapchat account at the time the
videos were recorded.

2. The United States intends to introduce a video located on

defendant’s cell phone depicting Minor Female 6 on the Pinch
Elementary playground. The video, dated May 22, 2018, depicts Minor
Female 6, who has been identified as a student at Pinch Elementary
at the time the video was created, playing on the playground swing
set. The video is recorded from an angle directly in front of Minor
Female 6, who is wearing a dress with shorts underneath. During
the video, Minor Female 6 is swinging while standing on one leg.
As she swings forward, the video records up her dress. On three
occasions during the video, the recording switches to slow motion
as the video is recording up her dress.

As noted above, Counts 1 through 6 depend, in part, upon

showing defendant’s intent to produce and receive child
pornography involving unidentified Minor Females 1 and 2 as well
as his intent to entice the minors to engage in sexually explicit
conduct. This video, again depicting an identified minor,
demonstrates his intent to record minor females in an erotic
manner. While the video does not involve the Snapchat account
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related to Counts 1 through 6, the location of the video at his

place of employment further corroborates that it is defendant,
rather than another individual, who is using his phone to record
minors.

3. The United States further intends to introduce evidence

related generally to the identity of Minor Female 3, who has been
identified as a former Pinch Elementary student. The video that is
the subject of Count 6 is a screen-recording from February 16,
2020. As the video is a screen-recording, it not only documents
communications on Snapchat but everything that appears on the
screen, including switching between applications. The video begins
with Minor Female 1 transmitting a video depicting her masturbating
with an object. Defendant then switches apps to what appears to be
adult pornography on a website called Chaturbate (which provides
free live sex webcams). Defendant toggles between the two apps. He
then begins to send a live video of himself to Minor Female 1 via
Snapchat that depicts him masturbating (showing his genitals
only). Defendant toggles between Snapchat and Chaturbate again,
and then opens up his Photos app on the phone. He scrolls to what
appears to be a photograph of two minor females in a classroom.
Defendant then zooms in on the face of one of the two females, who
has been identified as Minor Female 3, a former Pinch Elementary
student.

The United States intends to introduce evidence that Minor

Female 3 is an identified Pinch Elementary student to again
demonstrate intent and identity as to Counts 1 through 6. The use
of a photograph of a Pinch Elementary student (who would have been
known to defendant) while both receiving child pornography from
Minor Female 1 and masturbating is additional evidence of his
intent to have minors (i.e., Minor Females 1 and 2) produce and
send him videos of themselves engaging in sexually explicit
conduct. The fact that Minor Female 3 was also a student at
defendant’s school of employment provides additional evidence that
the phone was in use by defendant, rather than another person,
when the video from February 16, 2020, was created.

4. The United States further discloses that it may introduce

evidence, in the form of testimony from the now-adult victims,
that defendant sexually assaulted two children on multiple
occasions in approximately 2000-2001.

Minor Female 7 stated that she was 13 years old when she met
defendant at South Hills Swim Club, where he was a lifeguard;
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defendant was approximately 23 years old at the time. She indicated

that he knew she was 13 and attended John Adams Middle School. He
began talking to her on AIM, a popular instant messaging service
at the time. Eventually this led to him taking her to his parents’
house on several occasions and engaging in sexual intercourse with
her. She contacted law enforcement about the assaults after someone
who knew about what happened to her sent her a link to an article
about defendant’s arrest in the instant case.

Minor Female 8 was contacted by law enforcement after Minor

Female 7 stated that she was aware of defendant sexually assaulting
another girl at approximately the same time as he was assaulting
Minor Female 7. Minor Female 8 disclosed that defendant sexually
assaulted her over a period of approximately two years, beginning
when she was approximately 11 years old and he was approximately
21. She stated she knew defendant through family and that she also
spent time with him at the pool where he was a lifeguard. She said
he led her to believe that they were in a relationship, but he had
told her they had to keep it a secret so he would not get in
trouble. She indicated that he engaged in sexual intercourse with
her in addition to other sexual activity while she was 11 and 12
years old.

As the elements of Counts 1 through 6 require proof that

defendant intended to persuade minors to produce sexually explicit
materials to send to him, defendant’s longterm history of a sexual
interest in children is relevant and highly probative evidence
that is properly admissible under Rule 404(b). Evidence that
defendant has been engaging in criminal sexual conduct regarding
children for two decades provides significant support to
demonstrate his intent to exploit minors, rather than adults, with
regard to Counts 1 through 6.

The United States reserves the right to further supplement its

response to this Request.

Request M: Provide notice to defendant of the government's

intention to use evidence pursuant to Rule 12(b)(4)(B) of the
Federal Rules of Criminal Procedure.
Response: The United States reserves the right to use all

information and evidence disclosed herein or made available for

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inspection and copying pursuant to this Response and such

information and evidence which may be discovered and finally

provided to defendant.

Any discovery provided that is not mandated by Court order,

the Federal Rules of Criminal Procedure, federal statute or federal

case law, is provided voluntarily as a matter of discretion solely

to expedite and facilitate litigation of this case.

REQUEST OF THE UNITED STATES FOR RECIPROCAL DISCOVERY

Pursuant to Rules 16.1(b) and 16.1(d) of the Local Rules of

Criminal Procedure, the United States of America requests that

defendant provide all applicable reciprocal discovery within 14

days of the service of this response and the provision of materials

requested by defendant in the Standard Discovery Request.

Respectfully submitted,

WILLIAM S. THOMPSON
United States Attorney

By:
/s/Jennifer Rada Herrald
Jennifer Rada Herrald
Assistant United States Attorney
WV Bar No. 12181
300 Virginia Street, East
Room 4000
Charleston, WV 25301
Telephone: 304-345-2200
Fax: 304-347-5104
Email: Jennifer.herrald@usdoj.gov

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CERTIFICATE OF SERVICE

It is hereby certified that the foregoing “SUPPLEMENTAL

RESPONSE OF THE UNITED STATES OF AMERICA TO DEFENDANT'S STANDARD

DISCOVERY REQUESTS, AND REQUEST OF THE UNITED STATES FOR RECIPROCAL

DISCOVERY” has been electronically filed and service has been made

on opposing counsel by virtue of such electronic filing this 24th

day of January, 2022 to:

John A. Carr, Esq.

John A. Carr Attorney at Law, PLLC
179 Summers Street, Ste 209
Charleston, WV 25301
E-mail: jcarr@jcarrlaw.com

/s/Jennifer Rada Herrald

Jennifer Rada Herrald
Assistant United States Attorney
WV Bar No. 12181
300 Virginia Street, East
Room 4000
Charleston, WV 25301
Telephone: 304-345-2200
Fax: 304-347-5104
Email: Jennifer.herrald@usdoj.gov