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The Roundup

Conduct Unbecoming: Search Warrant Issued for Laptop

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Posted 06.22.12

An Osage County judge granted a search warrant for a laptop used by a Tulsa police captain accused of rape, This Land Press learned yesterday.

As first reported by This Land, Shawn King, a first-shift captain in north Tulsa’s Gilcrease Division, has been accused of raping a minor child of his ex-fiancee Keena Roberts and possessing child pornography, as well as engaging in sexual activity while in uniform and on duty.

In an affidavit signed May 25 and filed June 4, Osage County Sheriff’s Investigator Justin Kling outlined probable cause for the search and seizure of a laptop used by King.

From the affidavit:

On the 27th of April 2012, I became involved in the investigation of the Rape of a 16 year old female identified as (victim’s initials) at the behest of Gene Dennison who represents the victim’s family.

Mr. Dennison reports that Ms. Roberts 16 year old daughter (victim’s initials) reported to her mother and therapist that she had been raped by Shawn King when she was approximately 15 years old.

Kling then recounts his interview with Roberts, a Skiatook business owner, who discovered disconcerting materials allegedly involving King.

Kling continues: “Ms. Roberts states she activated the computer and discovered approximately 44,000 (forty four thousand) pictures and depicting sexual acts between Mr. King and some people she knew and didn’t know. Ms. Roberts also advised that she witnessed pictures she believes to be of a nude 12 year old or younger female exposing her breasts.”

In his report, Kling states that after his first interview with Roberts, he took possession of the computer, hard drive, and several cellular phones, and locked them in an evidence vault for safekeeping.

He claims he then received and reviewed a thumb drive containing several thousand photographs and videos provided by Roberts’ private investigator as evidence of the contents of the computer.

On the thumb drive, Kling believes he observed “several photographs that appear to be downloaded photographs of very young girls in the nude and performing sex acts. I am unable to determine the exact age of the females due to the quality of the photographs after they were scanned.”

The report also states that Kling found two videos of a person Kling identified as King engaged in autoerotic activities.

Finally, Kling claims to have observed photographs of Roberts’ daughter, whom King is accused of raping.

According to the affidavit, Kling then interviewed the child, who “confirmed that she had been inappropriately touched by Shawn King while her mother and Shawn King were in a dating relationship.”

Kling then concludes, “I feel that the contents of the computer and portable hard drive are an invaluable part of this investigation.”

Kling submitted the affidavit on May 25. That same day, District Judge John Kane granted the search warrant.

Osage County Undersheriff Lou Ann Brown declined to comment except to say that all material related to the investigation was now with the Osage District Attorney’s Office. “Our paperwork has been submitted to them, and at this point, everything is at their office for them to review.”

When asked if the Sheriff’s office is required to disclose the execution of a property search warrant to the property’s alleged owner, Brown answered, “No.”

Osage Assistant District Attorney Mike Fisher confirmed that the case is on his desk for review.

“The Sheriff’s office has submitted to us charges regarding the lewd molestation, which we are looking at,” Fisher told This Land. “In the meantime, our investigators have looked at the laptop and they have asked the OSBI (Oklahoma State Bureau of Investigation) to look at it.”

Fisher said his office is currently weighing whether or not to move forward on a charging decision before OSBI has completed its examination of the laptop.

“We obviously want to investigate every crime thoroughly before we make a determination,” he said. “And we’re just trying to make a determination as to whether or not we believe the computer is going to help us in the prosecution of the lewd molestation case.”

Fisher pointed out that there’s a 12-year statute of limitations on lewd molestation in Oklahoma, so time is not an issue. “Obviously, we don’t want to wait that long, but we want to make sure that we get it right.”