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Bail reduction denied for man accused of keeping child porn

by DERRICK PERKINS
Daily Inter Lake | February 3, 2023 12:00 AM

Flathead County District Judge Danni Coffman denied a bail reduction request Thursday for a Bigfork man accused of possessing child pornography on his mobile phone.

Authorities are holding Noah James Lafontaine, 24, in the county jail on a felony charge of sexual abuse of children and a misdemeanor count of sexual assault with bail set at $100,000. He pleaded not guilty to both charges during his Feb. 2 arraignment, which immediately preceded the bail modification hearing.

During the latter hearing, defense attorney Sean Hinchey walked Lafontaine through his criminal history, which included at least one prior misdemeanor, as well as his work prospects and likely living conditions. Lafontaine testified that his employer offered to take him back as soon as he was freed from jail and said he expected to live with his parents upon release.

Hinchey noted that Whitefish Police Department detectives began investigating Lafontaine in the first half of 2022. Although knowing he might face arrest, Lafontaine remained in the county, Hinchey said.

The 24-year-old’s father, James Edward Lafontaine, also testified for the defense. He confirmed that his son could return home. Asked by Hinchey if he could ensure Noah Lafontaine would remain off of the internet, James Lafontaine said he worked from home, but used a password protected computer.

County Attorney Travis Ahner, who is prosecuting the case, pressed the elder Lafontaine on that point. Even if authorities held onto Noah Lafontaine’s mobile phone, could James Lafontaine guarantee his son would not get another mobile device, Ahner asked.

“Well, he’s 24,” James Lafontaine said. “An adult.”

Asked if there was anything he could do to prevent Noah Lafontaine from accessing the internet, James Lafontaine acknowledged the possibility that his son could go online upon being freed from jail, even if he was prevented from doing so in the family home.

Authorities allegedly found the child pornography on Lafontaine’s phone while investigating the 24-year-old for sexual assault. His victim, according to court documents, told Whitefish Police that she awoke to find him groping her while she slept in a shared hotel room in that city in May 2022. She, Lafontaine and another friend attended a bachelorette party earlier in the evening, she said.

She told investigators that she suspected Lafontaine recorded her with his phone during the alleged assault. During an interview with detectives, Lafontaine allegedly admitted taking photos, but said he deleted the images.

Authorities subsequently secured a search warrant for the mobile device and passed it along to Homeland Security for review. An agent there allegedly came across suspected child pornography, prompting a second search warrant.

Further review of the phone turned up about 50 images of suspected child pornography, court documents said.

Meeting with authorities, Lafontaine admitted to a pornography addiction and said the images likely popped up as a result of his online searches, court documents said.

“Mr. Lafontaine has a handful of misdemeanors … but the big concern here is [he] admitted he has an addiction, a sexually motivated addiction, that resulted in the possession of photographs of children as young as five,” Ahner said in court this week, arguing for bail to remain set at $100,000.

In addition, Lafontaine had crossed the line into committing a “hands on offense,” Ahner said, highlighting the sexual assault charge. He also pointed to the lack of a guarantee that Lafontaine would be prevented from using the internet upon his release.

Hinchey countered by arguing that the hands on offense resulted in a misdemeanor charge and had not risen to the seriousness of a felony. Safeguards, he said, could be implemented to keep Lafontaine offline.

Lafontaine also enjoyed the presumption of innocence, Hinchey argued.

“Mr. Ahner speaks as if the allegations are proven and, as we all know, they are not,” He said.

Ultimately, Coffman sided with the prosecution.

“I appreciate your position,” she told HInchey. “But I am going to deny the request.”

Coffman set an omnibus hearing for May 15 and said a pretrial conference likely would occur in mid-summer.

If convicted, Lafontaine faces up to 10 years in Montana State Prison and a $10,000 fine for the sexual abuse of children felony charge. Misdemeanor sexual assault, first offense, is punishable by up to six months in county jail and a $500 fine.

News Editor Derrick Perkins can be reached at 758-4430 or dperkins@dailyinterlake.com.