Informational: Federal Court Arraignments
Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Missoula, on July 1, 2009, before U.S. Magistrate Judge Jeremiah C. Lynch, the following individuals were arraigned:
THOMAS M. ELGERT, a 66-year-old resident of Hillsdale, New Jersey, appeared on charges of attempted sexual exploitation of children, distribution of child pornography, and attempted distribution of child pornography to children. He is currently detained. If convicted of these charges, ELGERT faces possible penalties of a mandatory minimum of 15 years in prison and could be sentenced to 30 years, a $250,000 fine and lifetime supervision. Assistant U.S. Attorney Marcia K. Hurd is the prosecutor for the United States. The investigation was a cooperative effort between the Federal Bureau of Investigation, the Helena Police Department and the Montana Division of Criminal Investigation.
JAVIER MILLAN-MARTINEZ, a resident of Denver, Colorado, appeared on charges of conspiracy to possession with the intent to distribute cocaine and distribution of cocaine. He is currently detained. If convicted of these charges, MILLAN-MARTINEZ faces possible penalties of a mandatory minimum of 5 years in prison and could be sentenced to 40 years, a $2,000,000 fine and at least 4 years supervised release. Assistant U.S. Attorney Timothy J. Racicot is the prosecutor for the United States. The investigation was a cooperative effort between the Drug Enforcement Administration, the U.S. Immigration and Customs Enforcement and the Missouri River Drug Task Force.
The defendants pled not guilty to the charges.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.