"In the 8th Circuit, sodomy on a child and forcing a child to perform oral sex is a violent crime," she said. "Therefore, looking at a sexual assault on a child captured in child pornography should also be defined as a violent crime."
A former Fayetteville police detective was placed behind bars Thursday after pleading guilty in U. S. District Court to one count of child pornography.
Jeremy Boyd Grammer, 31, entered a negotiated plea of guilty to one count of distributing child pornography by computer across state and international lines. He now faces five to 20 years in prison and a fine of up to $ 250, 000. After his incarceration, he will be placed on supervised release for at least five years. He will also be required to register as a convicted sex offender.
"I take full responsibility," Grammer said during his change-of-plea hearing Thursday.
The former detective originally pleaded innocent Aug. 20 to criminal charges involving one count of distributing child pornography by computer across state and international lines and two counts of receiving child pornography transported by computer across state and international lines.
A jury trial set for Monday was canceled by U. S. District Judge Larry Hendren. The proceeding was later switched to a change-of-plea hearing and was continued to Thursday for an undisclosed reason.
Grammer's name surfaced during a U. S. Immigration and Customs Enforcement investigation of child pornography in Ohio. Fayetteville police conducted an internal investigation, confirming Grammer as a suspect. He was terminated from the department on April 26.
During a search of Grammer's home, investigators reported finding computer images of nude girls younger than 12 in various sexual positions and engaged in sexual acts.
Grammer was indicted in August and placed on house arrest. Since then, the husband and father of two has been working as a property contractor from home.
During the hearing Thursday, Grammer's lawyer, W. H. Taylor, requested that the former detective be reassigned to house arrest pending a sentence hearing due to safety concerns. Hendren denied the request, saying that all defendants found guilty in federal court must be detained immediately unless there are extraordinary circumstances.
"The government has decided that he's not a flight risk and not a danger to the community," Taylor said of his client. "What's unusual is the combination of factors in this case."
Taylor argued that Grammer's former status as a police officer coupled with the nature of his crime created extraordinary circumstances. If incarcerated, he said, the two factors would pose a high safety risk among fellow inmates.
"There's no question that Mr. Grammer lived an exemplary life up to this point," Taylor said," but his conduct was not personally violent."
U. S. Assistant Attorney Kyra Jenner urged that Grammer be immediately detained, saying that the circumstances surrounding his case should not be considered extraordinary.
"Of all people, he knows what the consequences of breaking the laws are, yet he's asking that because of his position he be exempt from the laws of incarceration," she said.
Jenner added that the nature of Grammer's crime should be considered violent.
"In the 8th Circuit, sodomy on a child and forcing a child to perform oral sex is a violent crime," she said. "Therefore, looking at a sexual assault on a child captured in child pornography should also be defined as a violent crime."
After citing several U. S. Supreme Court cases of similar matter, Hendren ruled that Grammer's case did not meet exceptional circumstances and ordered the former detective into police custody.
"I'm not convinced that because of one's profession he be treated any differently," Hendren said. "Police officers shouldn't be subject to harsher punishments nor entitled to any special treatment. I have complete confidence in the Marshal's Office and the Washington County Detention Center that they will take the measures necessary to protect Mr. Grammer."
Grammer was hired by the Police Department in 1998. During his nine years of employment, he worked as a K-9 officer and a detective. In 2004 and 2005, he was awarded for exceptional duty.
During the next 35 to 40 days, a federal probation officer will conduct a thorough investigation of Grammer's case. Hendren will use the findings as a guide to help determine his sentence. A hearing date has yet to be announced.
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