Vol. 35 No.33
       ©2007 Marianas Variety
Tuesday, May 1, 2007 www.mvariety.com
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© 2007 Marianas Variety
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Case against airman, wife could be dismissed

By Gina Tabonares
Variety News Staff

THE U.S. Air Force captain and his wife who remain behind bars in connection with alleged criminal sexual conduct with their minor children and possession of nude photos of minors may no longer need to raise funds for their bail if the Attorney General’s Office fails to establish that it has jurisdiction over the case.
The question of jurisdiction was raised in the case due to information that the pictures found in the house of Michael Eric Dunlop, 36, and Kendall Rachelle Dunlop, 30, were taken in the couple’s previous residence in Texas.
The Dunlops, who are presently detained at the Hagatna detention facility on a $100,000 cash bail each, have still not been indicted by the grand jury as of press time although Chief Prosecutor Phil Tydingco earlier said that the AGO has 10 days to secure the indictment.
The Air Force bioenvironmental officer and his wife and two of their minor sons lived in the Perez Acres in Yigo. Their residence was raided last week after an investigation was initiated by Andersen Air Force Base law enforcement.
They were charged with second-degree criminal sexual conduct as a first-degree felony, photography of sexual acts involving a minor as a first-degree felony, use of a child in obscene acts as a first-degree felony, and two counts of child abuse as a misdemeanor.
A legal source who requested anonymity told Variety that Guam does not have any standing in the felony cases against the couple and the pictures that were kept in an album were taken in Texas and were never distributed to anyone.
As for the child pornography, he further explained that Guam does not have a specific statute that can be cited in the case.
When asked why the federal law enforcement officials who reportedly joined in the investigation did not file the case in district court, the source said the U.S. Attorneys’ Office is probably aware of the jurisdictional issue.
The AGO did not return phone calls for comment.
Guam Police Department officers, by virtue of a search warrant, raided the couple’s residence at Perez Acres in Yigo on Wednesday after receiving reports of a military investigation over the weekend.
According to the magistrate’s complaint filed by the AGO, GPD officers reviewed the military investigation file and determined that probable cause existed to conduct a search of the Dunlops’ home.
During the search of the house, approximately 1,700 nude photos of adults and children, including the two minor sons of the couple, were found.
The sexually explicit photos were reportedly digital camera pictures derived from the computer files of the Dunlops.
Police confiscated the defendants’ computer, several pornographic magazines, and numerous sexually oriented videos and devices.
The Dunlops are slated to appear in the courtroom of Judge Alberto Lamorena on May 4 for a preliminary hearing.