United States Attorney's Office District of Connecticut
Press Release

Project Safe Childhood: GREENWICH ATTORNEY INDICTED FOR OBSTRUCTING JUSTICE AND DESTROYING EVIDENCE OF CHILD PORNOGRAPHY

Kevin J. O’Connor, United States Attorney for the District of Connecticut, announced that a federal grand jury in New Haven has returned a two-count Indictment charging PHILIP D. RUSSELL, age 48, of 99 Stamford Avenue, Stamford, Connecticut, with obstructing justice and destroying evidence concerning child pornography. The Indictment, unsealed today, was returned yesterday, February 15. RUSSELL appeared today before United States Magistrate Judge Holly B. Fitzsimmons in Bridgeport and was released after posting bond in the amount of $100,000. RUSSELL is an attorney with offices in Greenwich.

Count One of the Indictment alleges that, on or about October 9, 2006, RUSSELL obstructed justice by destroying a laptop computer containing child pornography that was owned by Robert F. Tate. The Indictment alleges RUSSELL destroyed the computer with the intent to impair its integrity and availability for use in an official proceeding before a judge, court, magistrate judge, grand jury, or governmental agency. Before personally destroying the laptop computer, RUSSELL secured Tate’s resignation and departure from a Greenwich church where he had served as the choirmaster and organist.

Count Two of the Indictment charges RUSSELL with destroying Tate’s laptop computer with the intent to impede, obstruct, and influence the Federal Bureau of Investigation’s investigation of Tate’s possession of child pornography and exploitation of children.

“The exploitation of children is a serious offense that this Office will fully prosecute,” U.S. Attorney O’Connor stated. “Those who possess child pornography or hinder the prosecution of those who do by destroying evidence and impeding investigations will be prosecuted, particularly when the obstructionists are attorneys and officers of the court.”

U.S. Attorney O'Connor noted that the investigation is ongoing.

If convicted of the charges, RUSSELL faces a maximum term of imprisonment of 20 years and a fine of up to $250,000 on each count.

On January 22, 2007, Tate pleaded guilty to an Indictment charging him with unlawfully possessing digital images of minors engaging in sexually explicit conduct. He awaits sentencing.

U.S. Attorney O’Connor stressed that an indictment is only a charge and is not evidence of guilt. The defendant is entitled to a fair trial on the charges where it will be the Government’s burden to prove guilt beyond a reasonable doubt. Jury selection is currently scheduled before Senior United States District Judge Alan H. Nevas on April 17, 2007.

This case is being investigated by the Federal Bureau of Investigation and the Connecticut Computer Crimes Task Force, which includes federal, state and local law enforcement agencies. The case is being prosecuted by Assistant United States Attorneys Peter S. Jongbloed and James K. Filan, Jr.

U.S. Attorney O’Connor noted that this prosecution is part of the U.S. Department of Justice’s Project Safe Childhood Initiative. In February 2006, Attorney General Alberto R. Gonzales launched Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

The Connecticut Computer Crimes Task Force was formed in February 2003 to investigate crimes occurring over the internet. These crimes include computer intrusion, internet fraud, copyright violations, internet threats and harassment and on-line crimes against children. The Task Force also provides computer forensic review services for participating agencies. The Task Force is comprised of local, state and federal agencies including Avon, Bridgeport, Glastonbury, Middletown, Milford, and Waterbury and is housed in the main FBI office in New Haven, Connecticut. For more information about the Task Force, please contact the FBI at 203-777-6311.

CONTACT:

U.S. ATTORNEY'S OFFICE
Tom Carson
(203) 821-3722
thomas.carson@usdoj.gov