A former University of Missouri police officer allegedly found to have pornographic images of children on his patrol vehicle's computer will not be charged.
Special prosecutor Mike Fusselman of Randolph County said an examination of the computer and thumb drive in question could not establish whether Nathan Roberts accessed, transferred or viewed child pornography on any date within the past three years on the devices.
Investigators found deleted files consistent with child pornography on the thumb drive but did not believe the files had been accessed within the past three years as would be required by law for charges to be filed.
Roberts also must have knowingly possessed the incriminating files to be charged. After reviewing the evidence, Fusselman said he could not disprove Roberts' explanation beyond a reasonable doubt. He said the only evidence that Roberts knew he was in possession of the material was his "admission of removing pornography from a laptop to his thumb drive at a time outside the statute of limitations when he resided with others who downloaded it on a laptop."
Fusselman would not comment further on Roberts' statements, and documents on the investigation are closed to the public because Roberts will not be charged with a crime.
"When you access something like a file, it will be recorded," Fusselman said of computers and thumb drives. "These items they recovered did not show activity within" the time frame required by state statute.
Roberts allegedly left a thumb drive in his patrol vehicle's computer in March 2010, and it was found by another officer who used the vehicle on the next shift, MU police Chief Jack Watring previously said. Although the later forensic examination did not locate pornographic files that had been viewed or transferred within the past three years, an officer "saw an image on the computer that triggered the investigation," Fusselman said.
The officer who discovered the thumb drive immediately turned it over to his supervisor, and Roberts was suspended for the duration of the investigation. Internal investigators shared their discovery with Roberts upon the completion of their investigation, and he wrote his resignation immediately on the nearest blank sheet of paper and walked out the door, Watring said previously.
The criminal investigation was turned over to the Boone County Sheriff's Department's Cyber Crimes Task Force after the internal inquiry.
Roberts and his attorney could not be reached for comment today.
Reach Brennan David at 573-815-1718 or e-mail [email protected]
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