Hennesey went on to tape a nine-minute tape of basically what had been said before. During this taping Hennesey asked about the boy that Motter thought was the complainant, Sammy Bowlinger. Motter disclosed the story of how he befriended Sammy when he was about twelve or thirteen years of age. He would let him ride his snowmobile and four-wheeler. How they would play video games and go to shows and on trips.
He spoke of almost the same ways he came to molest Tony Carver. The tape was turned off when Tonka asked him if he had ever shown x-rated pictures to Sammy, like he did to Tony. Motter replied he had.
“Where did the pictures come from?” Tonka inquired.
“Some were from magazines,” Motter said, after a little thought he added, “Oh and the internet. I’ve down loaded some pictures to look at.”
Hennesey got up and left the room. He went to type up a consent to search form. While he was gone Tonka continued speaking with Motter. “How many pictures do you have?”
“I don’t know, maybe fifty to one hundred.”
Tonka continued to talk with Motter. Motter’s demeanor never changed. He repeated saying he was sorry for any pain he had caused Tony or his family.
Hennesey had three Lakeville officers come into the station to assist with the search. They waited outside for Tonka, Motter, and Hennessey to go to Motter’s house. Hennesey opened the door and walked over and sat down next to Motter. He had prepared the consent to search form that limited a search of his room and office at his parent’s house. It would also include his car and work truck.
Hennesey explained to Motter that he had prepared a search warrant. It would not allow searching of his parent’s area of the house. He informed Motter, “We do not want to upset your parents any more than we have to. Just by coming in will upset them, but we will not be intrusive to their area of the house.”
Motter shook his head and said, “I understand. It’s okay with me to search my room. Anything I can do for you guys, I will.”
The three of them then exited the front door and walked to the squad car. Motter was still not cuffed and Tonka still was unarmed. Motter sat in the front passenger seat along side Hennesey, while Tonka sat in the back seat behind Motter.
As they began their drive to his parent’s house Motter said, “My mom’s home baby sitting for my brother’s son. She just had some heart trouble. Would it be all right if I told her what was going on? I don’t want to scare her.”
“That would be all right,” answered Tonka.
As they pulled out onto the roadway three marked squads followed with three uniformed officers inside the cars. Motter asked if he could call his mother while in route to the house. He was told he would have to wait until they arrived there. Tonka said he would go up to the house and have Mrs. Motter step outside to speak with him. Motter stated, “That will work.”
All four cars parked in front of the house. Tonka exited the car and told the Officers Dominic Hattle and Matthew Williamson to stand by as he went to bring Mrs. Motter back to speak with her son. Hennesey rolled down Motter’s window so he could speak to his mother. Two of the officers stood near the front of the vehicle. The other officer was retrieving items to be used in the search from his trunk of his car.
Tonka got out of the car and began walking towards the front door of the house. He looked over to his right and saw the same neighbor he had just seen earlier watching again what was happening. He pushed the doorbell but did not hear any chimes, even though the outside door was open. He then knocked on the door. Still no one came. He then knocked harder.
An older lady came to the door. She was a small lady maybe five feet four and could not have weighed more than a hundred pounds. Her hair was completely gray, almost white in color. On her head she wore a bandanna. She had on an off white dress with lace around the middle. On her feet was a pair of light blue slippers. She asked, “Can I help you?”
“Mrs. Motter?”
“Yes.”
“I’m detective Tonka with the Lakeville Police Department. I have met you a few times.”
“Yes. I think I remember. You’re a friend of Tim Carver, right?”
“Yes I am. We have Jeffrey in our car…”
“He’s not hurt is he?” her tone was excited and concerned.
“No, not at all. But he wanted me to walk you out to the car to talk to him. He has something to tell you.”
“Well all right then, let’s go.”
Tonka helped hold the screen door for Mrs. Motter as she walked down the stoop to her driveway. There were no words exchanged until she arrived at the police car. She saw her son seated in the front seat of the car.
As she walked up Jeffrey Motter said, “Mom, I molested Tony Carver and now they want to search my room. I told them it was okay.” Mrs. Motter just looked at her son. A quizzed look as if she didn’t understand what he had just said.
She stood silent a few seconds when Motter repeated, “I molested Tony Carver.”
She backed away from the car and walked back towards her house. Following her were Jeffrey, Tonka, Hennesey, and all three officers. Motter asked if one officer could stay with his mother due to her health. Officer Dominic Hattle was ordered to stay with Mrs. Motter.
Upon entering the house Mrs. Motter and officer Hattle went into the kitchen. She sat at the kitchen table and he stood near her. Hattle told her Jeffrey wanted him to stay with her.
Jeffrey, Tonka, Hennesey, Officers Matthew Williamson and Karl Robinson went into the basement area of the house where Jeffrey had his bedroom. Jeffrey stood just inside the doorway and watched as Officer Robinson, the evidence technician of the police department, began to collect items of interest. He was also taking pictures of all the seized items as they appeared prior to their removal. He immediately placed an evidence tag on Jeffrey’s computer and bagged numerous DVD’s and floppy discs. He had Officer Williamson remove the items to the waiting police cars.
At the same time as Officer Robinson was working at his job, Tonka was also searching about. On Jeffrey’s desk he had some papers; under the papers were some photographs. By looking at the photos Tonka could tell they were taken inside this very room. The pictures were of a young boy, maybe fifteen years of age, naked and in the state of arousal. Tonka did not know this boy but thought that perhaps it was Sammy Bowlinger. He called Officer Robinson over and advised him of the items.
During the search Mrs. Motter telephoned her husband Herman. When she reached him she sounded disorientated by saying, “Herman, the police are here. I think they arrested Jeffrey.” There was a pause until she continued, “I don’t know why.” She then hung up the phone and told Officer Hattle that her husband was on his way home.
The search had been going on for approximately two hours when Herman Motter arrived home. Walking up to his house he observed police officers removing several items. He could not detect what the items were as most were in paper sacks. He went inside and walked into the kitchen to speak with his wife. He inquired from her what was going on. She again sounded the same as before, not really grasping what was happening.
Herman Motter asked Officer Hattle what was happening. Hattle referred him to Detective Tonka.
As he walked down stairs he observed his son standing inside the room. He asked his son, “What’s all this?”
“It’s okay dad. I’m under arrest but they have been treating me very well.”
“I’m going to call my attorney,” Herman Motter said. He then left the room and walked upstairs to make a phone call.
One of the items Officer Robinson was going to take was a three fifty seven handgun. Jeffrey Motter had asked that detective Tonka not take the handgun. Tonka advised it would only be taken for safekeeping. Jeffrey Motter said nothing would happen if the gun were left. Tonka made the decision to leave the weapon per Motter’s request.
The search was over and Officer Robinson had an inventory list of the items taken. The inventory list included a Dell computer, an Apple computer, two flat mon
itors, a Sony digital camera, VHS video cassettes, numerous games and game cassettes, and numerous pictures from various places around the room, including photographs of nude boys. The safe was also confiscated and after Jeffrey Motter had opened it, the open safe revealed more pictures of child pornography.
As they were walking out they told Mr. and Mrs. Motter they would be taking Jeffrey back to the station then driving him to DuPaca County Jail after they process him.
Jeffrey called out of his window; “I’ll be fine. I’ll call you later.”
With that they drove off to the police station, one car with Tonka, Hennesey, and Motter and three patrol cars with numerous impounded items.
* * *
When they arrived at the police station they entered through the sally port, this was the garage door in the back of the police department. Tonka radioed to the dispatcher to open the overhead door. Once inside he again called to have the door shut. Motter was then asked to exit the car.
He left the vehicle, and then walked into the booking area where he would be printed, photographed, and prepared for his transportation to the county jail. Officer Williamson was requested to assist with these duties.
During this time Tonka and Hennesey were in Tonka’s office on the phone with Assistant States Attorney Paul Shehume. In DuPaca County any felony charges must be approved by the States Attorney’s Office before the charges can be brought. Tonka gave Shehume the facts of the case. Shehume then said to charge him with two counts of criminal predatory sexual assault. After he arrived at the jail he would go before a judge and be advised of his bail amount.
Shehume told Tonka he would be requesting a high bond. Tonka hung up the phone and proceeded to type up the complaints against Motter. He then went into the booking room and told Motter what the charges were. When he was being told Motter just sat and listened to Tonka. He didn’t say a word. His whole body language indicated he was a crushed man. Once he was processed Officer Williamson transported him to jail. On the ride down, not a word was spoken. When he arrived at the jail he was taken to the intake division. He was processed into the jail per their policies and procedures. He was then transferred to a holding cell where he would stay until eight-thirty the next morning to go before a judge.
* * *
The next morning Tonka awoke and proceeded directly to bond court for the hearing. He was to meet up with States Attorney Shehume to go before the judge.
As Motter was brought before Judge Tammy Fairwell he looked even worse than he did the day before. Shehume asked Tonka if he had looked that bad yesterday. “Not that bad, but I guess a night in jail will do that to you,” Tonka answered him.
The case was called. An attorney named William Billward, who was seated next to him, represented Motter. States Attorney Shehume was seated next to Tonka at the table across from the defense’s table. I sat in the front row of the spectator’s area. I just wanted to see what Motter looked like and hear what the judge would set as bond.
Both counsels answered ready to the judge to start the bond hearing. Motter’s attorney wanted bond set at ten thousand dollars. States Attorney Shehume was asking for a million dollar bond. When he asked for that amount Motter’s attorney, Billward stood up and blurted out, “That’s ridiculous. A bond for murderers isn’t even that much. This will cause a hardship for his family.”
Shehume struck back with, “Your Honor, this is a man with numerous properties in this state and Florida. He has in his possession a passport and the means to leave not only
the state but also the country. We consider him a high risk.”
“He is still considered innocent. He has lived here his whole life and will continue to stay in this area until he is found not guilty.” Both attorneys were up on their feet and battling for position.
Judge Fairwell tapped her gavel, as voices were getting louder. “I can agree with both of you. I understand he is innocent as he sits before me. I also understand he has more opportunity to flee than most other people. There for, I am setting his bond at seven hundred fifty thousand dollars.”
“But Your Honor…” defense attorney Billward started.
“Counsel, you heard my decision. Unless you have another matter, we are done.” The Judge spoke firmly and with no doubt of her decision being final.
I watched as Motter conferred with his attorney and was then again taken away by a deputy. I walked out of the courtroom and waited for Tonka.
He walked out about five minutes later side by side with States Attorney Shehume. They were both happy with the bond amount. Tonka said it was the largest bond amount in Lakeville’s history. I was happy with it also but felt he would not be in jail too long.
I asked Shehume if it was possible to have his passport revoked? He told me that had already been discussed but was not going to happen.
It was just after three o’clock that afternoon that I received a phone call from Tonka. Motter’s parents had posted seventy-five thousand dollars in cash to get Motter out of jail. So when it came down to it, it took just over three hours for them to come up with that kind of money. Tonka also told me that Motter had retained a new attorney. It was
Theodore Wilson the second. His father, Theodore Wilson the first, had been The States Attorney, a judge, and had run for governor, he was very politically connected. This was going to be a battle, even with all the evidence.
I had some problems with Theodore Wilson II representing Motter. When he was the States Attorney I had worked with him many times and I felt some loyalty toward him. But I was assured what he would do in a case like this was to make sure all the T’s were crossed and the I’s were dotted. I understood this explanation, and as I knew Motter was guilty, it didn’t bother me.
* * *
I found out a few days later the trial would be held in courtroom 5005. This courtroom is located on the fifth floor of the courthouse with the four other felony courtrooms. Presiding over the trial would be Judge Henry Peterson. I knew of Judge Peterson, said hello to him in the hallways but never seen him on a personal level.
I had been told he was a fair judge and a very polite judge. He would have the perpetrator saying thank you as he was going to prison for twenty years. All I wanted was fair. With all the evidence that we had against Motter, how could anyone see it any other way? But that old anecdote kept coming to mind, ‘You never know what a jury will do.’ In this case I had hoped I did know what this jury would do. But then again, he would probably take a plea and not ever go to trial.
I was working in my room at the courthouse when I received a phone call from
Detective Tonka about what had been going on for the last two weeks. It would seem Tonka and investigator Paul Hennesey had been following up on the pictures found on the computer. There were over one thousand pictures of children down to the approximate age of five involved in sexual pictures. Then there were the five pictures taken in Motter’s room of a teenager, about fifteen, naked in the state of arousal.
Tonka said he had ten pages of about thirty pictures from the Internet that were down loaded to Motter’s computer and the five photographs of the teenage boy.
It turns out the five photographs would become more damaging than the thousand Internet pictures. Tonka said the State Attorney’s Office wanted to charge him with manufacturing child pornography besides the possession of pornography. Manufacturing was yet another class x felony, punishable by eight to seventy years in jail. This would be in addition to however many charges from Tony’s cases.
As it turned out, it was two weeks to the day that Tonka and Hennesey arrived back at Motter’s house to arrest him for manufacturing child pornography. When they knocked on the door his father, Herman Motter answered it.
“What is it now, officers?” Herman Motter asked with sarcasm oozing out of every word.
“Is your son Jeffrey home?” Hennesey asked.
“What is this in regards to? Haven’t you harassed him and this family enough? What do you want to do? Make
another scene like last time to discredit us in front of our neighbors?”
“We have to speak with him,” Tonka said. They were speaking to Herman Motter through the screen door with his hand on the front wooden door, which they were expecting to be shut at any time.
From behind Herman Motter came Jeffrey’s voice, “What’s wrong dad?”
“It’s the police. You don’t have to talk to them. Stay where you are.”
“It’s okay I’ll have to talk to them sooner or later,” Jeffrey said as he came up beside his father.
“What’s this about?”
“We have a warrant for your arrest,” Hennesey stated.
“For what?” Herman Motter screamed. This scream brought Jeffrey’s mother, Patricia, to the door. She also started yelling when she heard her son was again being taken away. Things were getting out of hand and both detectives did not want to use any force.
“Listen,” Tonka said, “Nothing is going to change the fact a judge has signed a warrant that we have to serve. We don’t want anybody to get hurt. Not you, not us. So please, let us do our job and this will all work out a lot easier for all of us.”
“He’s right,” said Jeffrey. “I have to go. I’ll call you as soon as I find out more. Detective Tonka, will I be able to call my parents before anything happens to me?”
“Certainly.”
“Then, let’s go.” With that Jeffrey squeezed past his mother and father to join the detectives outside.
Even though Jeffrey was coming on his own resolve, his mother wasn’t quite ready to give in. “You won’t be able to continue to get away with this. Why don’t you go after the one who started all of this, Timmy Carver? He’s the one who needs to be arrested.” Patricia Motter continued to follow the detectives and her son down the driveway. “I’ll call Theodore Wilson right away. He’ll get you out. They’re afraid of him.”
This time the drive to the police station was silent. As they again pulled into the police sally port Motter exited the car without a word. He walked into the booking room and asked for his attorney. He had been advised on what to do if in case it materializes that he was again placed under arrest.