Free Motion to Seal Case - District Court of Delaware - Delaware

Case 1 :07-cr-00097-SLR Document 5 Filed 07/02/2007 Page 1 of 2
H ip IN THE UNITED STATES DISTRICT COURT _ .. in "
FOR THE DISTRICT OF DELAWARE _A
UNITED STATES OF AMERICA, ) p ‘
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Plaintiff] )
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v. ) Criminal Action No. 07-97-UNA
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PAUL JOSEPH BENOIT, JR., ) FILED UNDER SEAL ``i‘` "" i`i` i " " iiiiili "
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Defendant. ) i Q .
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MOTION AND ORDER TO UNSEAL INDICTMENT AN FIL __ _... m;§.G_§_
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The United States of America, by and through its attorneys, Colm F. Connolly, United States
Attorney for the District of Delaware and Christopher J. Burke, Assistant United States Attorney for
the District of Delaware, moves that the Indictment and File in this case be unsealed for the limited
purpose of providing the defendant and his attorneys with copies ofthe Indictment and other pleadings
filed in this matter. In support thereoi the government states as follows:
l. On June 26, 2007, the defendant and eight other individuals were charged by a federal Grand
Jury in the District of Delaware, in eight separate indictments, with criminal offenses related to child
pornography. Each ofthe cases are related, in that each defendant separately engaged in Internet "chat"
sessions with one ofthe defendants, Paul R. Thielemann, in which the defendants and Mr. Thielemann
engaged in discussions regarding child pornography and/or the molestation of young children. The
cases are also related in that the various defendants were each charged with child pornography-related
offenses by the State of Delaware within a relatively short time period in early 2007. In these State
proceedings, some of the defendants admitted to State law enforcement officers that, after they had
learned that other of the defendants had been arrested, they took action prior to their own arrest to
destroy evidence of child pornography in their possession.

Case 1:07-cr—00097-SLR Document 5 Filed 07/02/2007 Page 2 of 2
rrr Q 2. As of today’s date, two ofthe nine defendants who have been federally charged — Eric Ross
Tyre and Carl W. Wilson, Jr. — are not yet in either State or federal custody. Federal arrest warrants
have been issued for Mr. Tyre and Mr. Wilson and the United States Marshal’s Service is actively
engaged in attempting to locate and arrest the two men.
3. The government moves that, aside from the limited purpose set forth above, this matter
otherwise remain sealed until the apprehension and arrest of Mr. Tyre and Mr. Wilson, and that
defendant and his counsel not be permitted to disseminate information regarding this matter to others
during that time. The government believes that this would reduce the possibility that Mr. Tyre and Mr.
Wilson will flee from apprehension by federal authorities were they to learn of the existence of this
Indictment and of the significant penalties that would result from a conviction of such charges.
COLM F. CONNOLLY
United States Attomey
Christopher J. Burk
Assistant United States Attorney
Dated: July 2, 2007
AND NOW, to wit, this _ day of , 2007, upon the foregoing Motion,
IT IS HEREBY ORDERED that the Indictment and File in the above-captioned case be unsealed for
the limited purpose of providing the defendant and his attorneys with copies ofthe Indictment and other
pleadings filed in this matter. The matter shall otherwise remain sealed for the reasons set forth in the
govern1nent’s Motion. A

United States District Judge