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Kids' Parents Respond

Ex-JCC counselor released on restrictive bond while awaiting child pornography trial.

Ronelle Grier I Contributing Writer

T

he parents of three 5-year-old boys
whose nude pictures were taken and
posted on a foreign website known
by authorities to be frequented by pedo-
philes were outraged to learn that Matthew
Kuppe, the Jewish Community Center of
Metropolitan Detroit summer camp coun-
selor charged with taking
and distributing the pho-
tos, was released on bond
by U.S. District Judge
Avern Cohn.
The decision was
announced at a bond
hearing Thursday, Nov. 26,
where Kuppe was released
Judge Avern
to the custody of his
Cohn
parents on $10,000 bond
with several conditions,
including a tether, 24-hour monitoring by a
parent or other responsible adult, no Internet

access and no credit
factors used to determine
cards or bank accounts
whether a defendant poses
in his name. He is also
a danger to the community.
forbidden to go within
Cohn said because a defen-
100 yards of a school or
dant is presumed innocent,
any other place where
pretrial release is the norm;
children congregate.
he also said the prosecution
The parents of the
failed to produce clear and
three boys issued a state-
convincing evidence that
ment (see box below)
Kuppe would pose a danger
accusing Cohn of mini-
to the community (see box
mizing Kuppe's actions
below).
and sympathizing with
Assistant U.S. Attorney
Defendant Matthew Kuppe
the defendant and his
Sara Woodward argued
family while ignoring the
against Kuppe's release,
concerns of the victims
stating Kuppe used his posi-
and their families.
tion to gain access to young
While acknowledging the charges against
boys, taking sexually explicit photographs
Kuppe are "extremely serious:' the judge said
and using them as currency with other
in his written order they did not fall under
pedophiles online to get additional child
the categories of violent crimes or drugs, two pornography.

"Defendant poses a danger to the com-
munity, and no condition or combination
of conditions can reasonably assure the
safety of children in the community," wrote
Woodward in a document submitted at a
previous bond hearing.

SIX FELONY COUNTS
Kuppe was arrested on Aug. 12 and charged
with six felony counts of production, dis-
tribution, receipt and possession of child
pornography after an investigation by the
U.S. Department of Homeland Security
revealed he had allegedly taken and posted
nude photographs of three JCC campers,
using one of the campers' names, on a
foreign website under Kuppe's username
"JCCLOCKERROOM."
An affidavit submitted by a Homeland
Security agent contained excerpts from
emails allegedly written by Kuppe with

continued on page 16

Statement from parents of the three victims:

"Prior to the bond hearing on Tuesday,
Nov. 24, we were aware the defendant
would likely be released.
"Although, like any parent in our
situation, we want him to remain in
custody, we recognize Judge [Avern]
Cohn's history of releases on bond, and
understand that the American system
of justice posits that Kuppe is assumed
innocent of committing a crime until
formally proven guilty.
"As parents of the victims, our disap-
pointment with Judge Cohn's ruling
stems from his words in the courtroom,
which minimize the actions of Mr. Kuppe
and diminish the profoundness of his
crimes, while simultaneously sympathiz-
ing with the perpetrator and ignoring
completely the enormous impact this
has had on our children and our families.
"We have read the communications
sent with the naked photos of our chil-
dren to the undercover agent about
what Kuppe did or wanted to do to
them; it is plain and obvious that this
was child pornography intended to
arouse.
"These photos and salacious emails
were being used in an attempt to bar-
ter pictures of other naked children for
Kuppe's viewing pleasure.
"It's disheartening to believe that an

14 December 3 2015

JNi

esteemed judge of such long standing
could draw any other conclusion as to
the crime committed, while sympathiz-
ing entirely with the defendant and his
family who 'had their universe complete-
ly upended,' inconsiderate of the turmoil
of the victims.
"Furthermore, Oakland County did
not pursue a molestation case against
Kuppe simply because three defenseless
5-year-old boys did not admit to being
touched, and this is an entirely different
charge than is being heard before Judge
Cohn in federal court.
"Tying the lack of evidence in a
molestation case to production of child
pornography is a huge leap and a flawed
argument. Boys the ages of our sons are
known to not admit to things that they
know are wrong. The defendant admit-
ted to touching one of our sons and
being aroused by it, the repercussions
of which may not be known for years to
come.
"This devastating incident has forever
changed our lives, and we will not know
for quite some time what impact this
will have on our children. Just because
you can't see the damage doesn't mean
it is not there'

Excerpts from Judge Cohn's Order:

"Since there is no evidence in the record
suggesting that defendant is at risk of
flight, the Court can detain the defendant
only if the government has established by
clear and convincing evidence that defen-
dant is a danger to the community ...

"There have been four (4) psychological
assessments of defendant by three (3) dif-
ferent psychologists ...

"A report of a second psychologist
retained by the government recommends
detention. This report is flawed. The psy-
chologist did not interview the defendant.
The report includes circumstances that are
significantly incorrect. The report does not
display an awareness of what is involved in
pretrial release, and does not make mention
of the conditions the Court advised the par-
ties would be included in a release order.
"The fourth assessment is by a psychol-
ogist appointed by the Court. This report
displays a thorough understanding of the
record and recommends two (2) addi-
tional specific conditions which should be
attached to a release order.
"Particularly this report states:

"As for home detention, even with safe-
guards as listed above (GPS, 24/7 parental
supervision, no Internet, etc.), there is no
absolute guarantee that a detainee would

not remove a GPS, attempt to flee the juris-
diction, attempt to gain Internet access for
sexual gratification, or attempt to lure an
unsuspecting child. Based on [defendant's]
psychological profile, however, the likelihood
of any of these adverse events occurring,
in my opinion, is extremely low. Under the
proposed safeguards, any violation of bond
would not be covert — fleeing, leaving the
house unsupervised, or even accessing the
Internet, would almost certainly be discov-
ered with the resulting consequences dire for
him and for his family ...'

"In vacating the detention order and
approving release of the defendant, the
Court is not indifferent to the concerns
expressed in media accounts of the com-
munity reaction when the charges against
the defendant were made public several
months ago. What must be kept in mind is:
•the presumption of innocence
•that pretrial release is the norm
•the government's obligation to show
by clear and convincing evidence that
defendant poses a danger to the commu-
nity if released.
"Considering all that has been said
above, the Court's judicial obligations
require release. The Additional Conditions
of Release ... assure that a release is a
proper course to follow'

