Oregon man’s request to be released in child sex abuse images case denied

OREGON – A rural Oregon man will remain in jail as he faces charges of possessing images of child sexual abuse.

Kris D. Stubblefield, 32, has pleaded not guilty to eight counts of possessing images after his arrest in October. He was arrested by Ogle County sheriff’s deputies after they received a tip from the National Center for Missing and Exploited Children.

On Wednesday, Dec. 6, Judge John “Ben” Roe again denied a defense motion asking that Stubblefield be released from the Ogle County Correctional Center while his case is pending. That decision followed a 402 conference with Roe, Assistant State’s Attorney Heather Kruse and public defender Michael O’Brien.

A 402 conference is intended to be an open process where attorneys and a judge discuss relevant information regarding the defendant.

Stubblefield agreed not be present for Wednesday’s 402 conference when he appeared in court Tuesday, Nov. 5.

After Wednesday’s 402 conference, which was held in Roe’s chambers, Stubblefield appeared via video conferencing from jail.

“I need to discuss some of items that were discussed with my client,” said O’Brien, asking for a continuance.

Roe set Stubblefield’s next court appearance for 1:30 p.m. Dec. 18.

Earlier this month, Stubblefield filed an appeal of an Oct. 24 decision by Judge Clayton Lindsey to keep him in custody that cited the seriousness of the charges.

At that hearing, Kruse argued to keep Stubblefield in custody, citing reports from the Illinois attorney general and the sheriff’s office that he is registered as a juvenile sex offender and was in possession of more than 1,500 images of children engaged in sex acts with adults and some with other children.

The photos and videos were found on Stubblefield’s phone, Kruse said.

When police searched his home, he agreed to speak to law enforcement and told an Ogle County sheriff’s detective that he was a “purveyor of taboo material,” Kruse told the court.

Public defenders have argued for Stubblefield’s release, citing his cooperation with law enforcement. They specifically highlighted no indication that Stubblefield had failed to report or to be monitored, adding that he had not tried to elude law enforcement in any way and has no history of violence.

Lindsey said the charges were too serious to allow his release, noting that 1,500 files were found and there was a huge public concern over images of child sexual abuse and human trafficking. Stubblefield’s juvenile convictions also weighed on the decision to keep him in jail, Lindsey said.

In a pretrial hearing Nov. 9, Redington agreed with Lindsey, denying the defense’s motion for pretrial release, and on Wednesday, Roe again upheld the state’s argument to keep Stubblefield in custody.

“The court will stand on my previous finding,” Roe said in denying the defense’s motion for pretrial release.

Stubblefield’s appeal is filed under the Pretrial Fairness Act. It argues he should be released because the state did not meet its burden of proving any real threat existed to people or the community if Stubblefield were to be released.

It also argues the court “erred in its determination that no one or combination of conditions would reasonably ensure the appearance of defendant for later hearings.”

Additionally, it argues that the court has jurisdiction to review Stubblefield’s continued detention at each proceeding hearing despite the appeal.

The appeal follows passage of the controversial SAFE-T Act, which was upheld by the Illinois Supreme Court and allows defendants to be released on no-cash bond. Under the new law, judges still decide whether a defendant is a flight risk or poses too much of a threat to one person or the community to allow release.

Stubblefield’s home, east of Oregon, was searched Oct. 12 after a monthslong investigation. He was arrested Oct. 21 and charged the next day with possession of six videos of children engaged in sex acts and two lewd photos of children.

According to charging documents, all of the children were younger than 13 and some were as young as 3.

Illinois State Police and the Illinois Attorney General’s Office, both of which work through the Illinois Crimes Against Children task force to target abusive crimes against children, assisted in the investigation.

Charging documents indicate the offenses occurred in August and October.