Michael J. Devlin, already charged with kidnapping and sexually abusing two boys, was accused Thursday of producing child pornography and taking a minor across state lines for sex.
The six-count indictment, in federal court in St. Louis, says Devlin took at least one Polaroid picture of a minor identified as "S" and made one VHS videotape and two minidigital videocassettes, all containing sexually explicit conduct.
The indictment also says Devlin took "S" to Illinois between Feb. 13 and Feb. 15, 2004, and to Arizona between June 20 and July 3 of 2004.
In a press conference, prosecutors made it clear that "S" is Shawn Hornbeck, who was abducted in 2002, at age 11, from Washington County. Advertisement
Devlin was known to have traveled to Prescott, Ariz., for the June 26, 2004, wedding of a brother. Family friend Bob Collett told the Post-Dispatch earlier this year that attendees saw no sign of Shawn, but that Devlin stayed at a hotel apart from other guests and was the only out-of-towner to drive the roughly 1,400 miles instead of flying.
U.S. Attorney Catherine Hanaway and the other officials would not comment Thursday about the trips, where Devlin had stayed, what he did with the pornography he allegedly made or the timing of the charges.
She declined to release information about any other missing-child cases being investigated by a task force formed after authorities rescued Shawn and kidnap victim William "Ben" Ownby, 13, from Devlin's apartment in Kirkwood on Jan. 12.
Hanaway said details of the case had "sickened" her.
"This is by far the worst thing that we've ever seen," she said.
Devlin already faces charges of kidnapping and armed criminal action in Franklin County in the Jan. 8 abduction of Ben, and kidnapping and armed criminal action charges in Washington County in the abduction of Shawn. RELATED LINKS
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He also faces 71 counts of child kidnapping, kidnapping and forcible sodomy in St. Louis County related to both boys.
Hanaway said the federal case would not go to court until the various county cases, some of which carry potential life sentences, are completed.
Defense lawyer Ethan Corlija said he had not yet seen the federal indictment.
"Common sense dictates that these are just accusations. Each one must be proven," Corlija said. "He is presumed innocent and he'll have his day in court. And there are many, many facts that have yet to be revealed. I mean, you're getting one side of the story."
Corlija said he did not know if piling on charges in four jurisdictions is an effort to get his client to make a plea bargain. He noted, "The way to accomplish that is not to load up on every charge and say we're seeking the max." Under that circumstance, he said, "... there's no incentive to plead."
Hanaway said Devlin could face up to 170 years in prison if he were convicted of all the federal charges and the sentences ran consecutively. Under sentencing guidelines, however, it would likely be much less.
Washington County Prosecuting Attorney John Rupp said there is no competition among state prosecutors, and that Devlin would be tried in the first jurisdiction to put the case on the docket.
Franklin County Prosecuting Attorney Bob Parks said: "We're ready to go."
Scott Sherman, a lawyer representing Shawn, said the family is relieved to have the federal "hammer" fall, although he said it is "tough" on Shawn to have such personal matters put into the public realm.
Sherman said the family is bracing for trials, in part because, "the history of these kinds of people with these kinds of charges is not to (make a guilty) plea."
"Either way, the family is prepared and Shawn is going to be ready for whatever it is," Sherman said. "Nobody's going to intimidate Shawn Hornbeck anymore."
