James A. Miller II, an active-duty Tripler warrant officer, will be the first person in Hawaii to stand trial for allegedly using the Internet to transmit sexually explicit images of minors.
Miller, 36, pleaded not guilty yesterday to a 13-count federal grand-jury indictment, charging him with transmitting images on 10 occasions from Feb. 14 to May 30 and possessing about 1,015 images at his home and military office. "He knew he was breaking the law," said Steven S. Alm, U.S attorney.
Alm said virtually all citizens know that federal laws prohibit transmitting or possessing sexually explicit images of children, whether in magazines or computers.
But Brook Hart, Miller's attorney, said Miller acted out of curiosity and didn't know he was violating a federal law.
He said thousands of people who don't know about the law may be vulnerable to federal charges, adding: "The government picked Mr. Miller to be its guinea pig."
Hart also said Miller said he didn't transmit images more than about three times and that Miller passed a lie-detector test saying he didn't know he had committed a federal crime.
His trial is scheduled to begin Nov. 19.
If convicted, he faces up to 10 years in prison for each transmission charge and up to five years for possession charges for a total of 110 years.
One alleged Internet transmission included preteen and early teen girls involved in bondage, sex and masturbation, according to an affidavit from a U.S. Customs Service agent.
Miller's charges grew out of a customs investigation of James Hawkins, who was arrested for distributing child pornography over the Internet. His case is pending.
Hart said Miller was shocked when he learned about the charges in a May 30 complaint and returned from duty in Korea to face them.
A 20-year U.S. Army veteran, Miller remains on regular duty at the Pacific Veterinary Service Support Area, located near Tripler's main hospital.
Alm said Miller transmitted most of the images over his military computer, but Hart said Miller was not on duty when he transmitted the images.
Federal Magistrate Francis Yamashita renewed Miller's $25,000 signature bond and set conditions for his release.
He said Miller could not access the Internet except in the course of his job on a military computer.
Yamashita also said Miller had to complete a psychological examination to determine if he were a danger to minors and could not live near children.
He said Miller had to surrender his passport, but could travel for work on a case-by-case basis.
"I have no intention of violating any of those conditions," Miller said in court.
Miller declined comment as he left federal court with his girlfriend, who has two minor children. Hart said Miller, who lived with his girlfriend, has moved in with a friend.
Assistant U.S. Attorney Larry Tong said the U.S. Supreme Court has upheld a federal law amended in 1988 to include computer transmissions of sexually explicit minor images - which the government has used to prosecute about two dozen mainland cases.