Background

• The United States seeks pretrial detention of Richard Kowalczyk and Eric Patrick, charged in the Middle District of Florida with conspiracy to entice a minor, attempted coercion and enticement of a minor, and child pornography offenses.
• The charges stem from evidence uncovered through electronic communications on Telegram between Kowalczyk and a suspect under investigation, containing graphic discussions and exchanges of child sexual abuse material (CSAM).
• Law enforcement traced the Telegram communications to Kowalczyk and linked him to multiple Cash App transactions for identification purposes.
• Searches of electronic devices from both defendants revealed extensive evidence of receipt, exchange, and intent to produce CSAM, as well as plans and attempts to engage in sexual activity with minors, including instructing each other on how to entice an identified minor victim.
• Both defendants possess significant ties outside the district and, in Patrick’s case, access to minors due to his employment as a teacher, heightening concerns over community safety and risk of flight.
• The United States moves under both the danger-to-community and flight-risk statutory prongs, invoking the rebuttable presumption for offenses involving minor victims.

Issues

Key Cases Cited

• United States v. Medina, 775 F.2d 1398 (11th Cir. 1985) (describing standards for pretrial detention including preponderance of evidence for flight risk and clear and convincing evidence for danger to community)