ST. GEORGE — Russell McGonigle is back in jail on a federal hold following a pretrial violation hearing held Wednesday before Magistrate Judge Paul Kohler in U.S. District Court in St. George.
The 67-year-old Hurricane resident was indicted in federal court Oct. 31 on possession of child pornography and was released three weeks later. One of the conditions of his release was that he was prohibited from possessing sexually explicit materials.
On Feb. 25, an individual contacted the pretrial services officer from the nursing home in which the defendant resides, indicating they found the defendant in possession of pornographic material, some of which was found in his garbage can.
According to the violation report, when a pretrial services officer made a visit to the nursing home to follow up on the information, the defendant allegedly told the officer that a pornographic magazine was in his belongings when he was moved into the nursing home. He said he had been trying to dispose of it in an inconspicuous manner to “avoid embarrassment.”
The officer reviewed the “sexually explicit material” and said it was found to be legal, “though certainly distasteful.”
The officer discussed the matter with the defendant and requested that the pretrial release conditions continue, but when the defendant appeared before Magistrate Judge Paul Kohler for a violation hearing Wednesday, he was taken into custody on a U.S. Marshal’s hold and scheduled to appear for a second hearing taking place Monday.
The federal indictment stems from charges originally filed in 5th District Court following an investigation that was initiated in April 2018 when authorities in Hurricane received information that the defendant had child pornography on his computer.
Through the course of the investigation, detectives went to the suspect’s residence with a search warrant, seized a computer and several other electronic devices that were later forensically examined.
The examiner submitted a report alleging that a file on the computer contained what appeared to be images of child pornography, and the case was turned over to the Washington County Attorney’s Office for review.
A summons was issued ordering the defendant to appear in court on five second-degree felony counts of sexual exploitation of a minor.
The defendant was later arrested on a $50,000 warrant issued out of 5th District Court July 19 after failing to show up for a scheduled appearance and was booked into Purgatory Correctional Facility in Hurricane.
The state charges were later dismissed once the defendant was indicted in federal court.
The defendant’s HP Pavillion computer, along with the printed images of child pornography, were seized by police and then turned over to federal prosecutors following the indictment.
The two-day trial in the case has been schedule to begin April 14 in U.S. District Court in St. George.
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