Thursday, March 04, 2021

Rogers County Mother Charged with Production of Child Pornography

  A 29-year-old Claremore woman has been indicted in federal court for producing child pornography involving her young child, announced Acting U.S. Attorney Clint Johnson. 

Brittney Jo Wallace was charged with production of child pornography by a parent and with possession of child pornography. The Court ordered Wallace detained pending trial.

“This Office seeks justice for victims, period. The allegations against Brittney Wallace are heartbreaking, and I have confidence that Assistant U.S. Attorney Tilli Villalobos will fight for this young child and hold the defendant accountable under the law,” said Acting U.S. Attorney Clint Johnson. “I appreciate the dedicated work of the OSBI Internet Crimes Against Children Unit and Tulsa’s Homeland Security Investigations Child Exploitation Task Force who led this investigation and their commitment to protecting Oklahoma’s children.”

“We are thankful to work with our state and federal partners on behalf of the children of Oklahoma,” said Oklahoma State Bureau of Investigation Director Ricky Adams. “Through our collaborative efforts at the local, state and federal levels, we will do all we can to protect our children and take child sexual predators off the streets.” 

According to the indictment, Wallace knowingly permitted the young child to engage in sexually explicit activity while she took photos on her cell phone on Sept. 26, 2015. From Sept. 26 to May 13, 2016, Wallace also knowingly possessed with intent to view the child pornography. 

At a detention hearing on March 2, Assistant U.S. Attorney Matilda Villalobos argued the defendant was a danger to the community and should be detained based on her criminal record and evidence she abused her children in 2015 and 2016. AUSA Villalobos stated evidence would show that in 2016, the defendant’s children were taken from the home after a doctor found signs of severe child abuse. Wallace’s parental rights were later terminated. The Court ruled in favor of the United States and ordered the defendant detained.

During the 2016 investigation conducted by the State, authorities seized the defendant’s phone which was later suppressed. Recently, the Oklahoma Court of Criminal Appeals found the seizure and subsequent search of her phone were proper, and it was turned over to investigators. When authorities conducted a forensic examination of the phone, they discovered the alleged child pornography. 

An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

On March 1, 2021, the U.S. Marshal Service arrested Wallace on a federal arrest warrant. The Oklahoma State Bureau of Investigation, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, Rogers County Sheriff’s Office, and Claremore Police Department  conducted the investigation.

Assistant U.S. Attorney Matilda Villalobos is prosecuting the case. AUSA Villalobos is a prosecutor from the District of New Mexico. She volunteered to assist prosecution efforts here in the Northern District of Oklahoma due to the increased volume of cases since the Supreme Court’s ruling which stated the Creek Nation Reservation had never been officially disestablished by Congress.

If you suspect a child is being sexually exploited, contact the National Center for Missing and Exploited Children immediately at 1-800-THE-LOST or cybertipline.org.  You can also contact the OSBI ICAC Unit at (800) 522-8017 or tips@osbi.ok.gov.   

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