US judge refuses to throw out child sex sting indictment against Israeli official
Published in News & Features
LAS VEGAS — A judge on Monday rejected an Israeli cybersecurity official’s attempt to throw out his indictment in a child sex sting case.
Tom Alexandrovich was arrested in August as part of a multiagency operation to target suspected child sex predators in the Las Vegas area. His swift release and departure from the country led to controversy.
Critics online accused the government of interceding on behalf of the state of Israel, which the U.S. State Department denied. Federal and state prosecutors sparred publicly over the case.
Alexandrovich, who appeared in court via Zoom, was indicted in October on a count of luring children or mentally ill persons with use of technology with the intent to engage in sexual conduct.
“Mr. Alexandrovich’s life’s been turned upside down as a result of a police operation that was intended to lure him,” said defense attorney David Chesnoff. “That was the intent. They don’t deny that. And yet, when presenting the case to the grand jury, they failed to tell the grand jurors all the things that were done to lure him.”
But District Judge Tina Talim was not convinced, denying the petition for writ of habeas corpus filed by defense lawyers. Prosecutors met the standard of probable cause and presented evidence that could help Alexandrovich to the grand jury, she said.
“The petitioner continued communications after the decoy explicitly disclosed being 15,” said the judge. “The chats…contained discussions about sexual conduct. The petitioner agreed on items associated with sexual activity. The petitioner made statements encouraging the minor to create a ruse to leave her home. The petitioner drove to the approximate location of the agreed-upon meet up.”
Chesnoff said he plans to appeal her decision.
Alexandrovich is accused of communicating on WhatsApp and Pure with an undercover FBI agent, whom he believed was under 16, to “solicit, persuade or lure” them into sexual conduct. Pure is a dating app that advertises itself as a place to “date, play and misbehave.”
Pure requires users to prove they are over 18, defense attorneys have said.
“They needed to upload a government-issued ID and pass age verification before they could communicate with Mr. Alexandrovich and he was aware of that,” Chesnoff argued.
Defense attorney Richard Schonfeld prepared a letter outlining issues that should be presented to grand jurors and prosecutors gave the letter to the grand jury, but did not explain the contents, Chesnoff said.
Chief Deputy District Attorney Jake Villani told the judge that prosecutors presented the defense’s letter to the grand jury in an “unprecedented” move. That included Pure’s rules, though Villani said he has “an indication” it’s not the case that Pure uses third-party age verification.
“It’s not my obligation as the state to sit up there, get their letter (and) translate it for the grand jury,” the prosecutor said.
Chesnoff said grand jurors did not see the photos of the actual person communicating with Alexandrovich, which would have shown Alexandrovich “would not have known that he was dealing with a child.”
Two decoys were used, said Villani: one for the Pure profile and one for a video conversation. Both were young-looking women, but their photos were presented to the grand jury, he said.
Alexandrovich acknowledged that a decoy was 15-years-old and even tried to set up a ruse for her to get away from her father, Villani argued. Prosecutors have said in documents that Alexandrovich drove to the agreed-upon location before his arrest.
Chesnoff said Alexandrovich was arrested almost a mile from the specified location.
Chesnoff indicated that Alexandrovich does not work as a result of the case. Asked after court if Alexandrovich had been suspended or terminated, he said, “I’m not sure what the term of art is, but he’s indicated to me that he is presently not working.”
Though Chesnoff said it would be “a sin” to force Alexandrovich to face a trial, Talim said a March trial date would stand.
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