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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 Generals 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 couples 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 couples residence at Perez Acres in Yigo on Wednesday after
receiving reports of a military investigation over the weekend.
According to the magistrates 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.
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