Louisville Man Guilty of Sexual Abuse of a Minor Under the Age of 7 in Connection with the Production of Child Pornography

LOUISVILLE, KY—A Louisville man pleaded guilty in United States District Court this week to charges of sexually abusing a minor under the age of 7 during the production of child pornography, announced David J. Hale, United States Attorney for the Western District of Kentucky.

According to the five-count indictment, Thomas Evan Middleton, age 50, sexually abused the minor female during the creation of pornography, while babysitting the minor at his home between August 2009 and May 2011.

This case was initially brought by the Louisiana Attorney General’s Office (LAGO), who contacted law enforcement in Louisville, Kentucky, regarding a peer-to-peer investigation into Louisiana resident Robert Swan. The LAGO had previously executed a search warrant on Swan’s residence on January 30, 2013. During the review process of Swan’s electronic storage devices the LAGO discovered images of Swan and a then unknown individual engaged in the sexual exploitation of a minor. The unknown man had a cross tattoo on his right middle finger and was later identified as Thomas Middleton, through identifying information located on Swan’s computer. During the course of their investigation, thousands of digital images of child pornography were recovered, including images with Swan and Middleton sexually abusing a 4- to 5-year-old female.

On July 24, 2013, a federal search warrant was executed on Middleton’s residence. Several items in the residence appeared to be the same as items observed in some of the sexual abuse images found on Swan’s computer. During the execution of the search warrant, Middleton identified the child victim depicted in the pictures with him.

Middleton faces a mandatory minimum sentence of 25 years in prison and a combined maximum term of imprisonment of 250 years, a fine of $1,250,000, and a period of supervised release of at least five years and up to any number of years including life.

Middleton is scheduled for sentencing before Senior Judge Thomas B. Russell, on March 18, 2014, at 12:15 in Louisville.

This case is being prosecuted by Assistant United States Attorney A. Spencer McKiness and is being investigated by the Federal Bureau of Investigation with assistance from the Louisiana Attorney General’s Office.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab “Resources."