Child porn suspect waives indictment



Randal Babiuk

Randal Babiuk

ELLSWORTH — A Bar Harbor man accused of possessing child pornography waived his right to have a grand jury consider his case during a court proceeding Monday in Hancock County Unified Criminal Court.

Randal Babiuk, 46, was arrested Aug. 7 on a charge of possessing sexually explicit materials of minor under age of twelve, a Class C crime punishable by up to five years in prison, a $5,000 fine or both.

Members of the Maine State Police Computer Crimes Unit arrested Babiuk at his place of employment.

On Monday, Babiuk’s attorney assured Justice Robert Murray that he had gone over his client’s rights regarding the grand jury and Babiuk has agreed to waive those rights.

Babiuk, in response to Murray’s question about whether he understood those rights, answered “yes.” It was the only word he spoke during the proceeding.

Grand juries meet secretly to consider evidence presented by prosecutors to determine whether there is sufficient evidence to take a case to trial. If there is, the defendant is indicted. Waiving grand jury consideration removes this step from the process, clearing the way for prosecution of the case to proceed in court.

Court records indicate that Babiuk first came to the attention of the state police computer crimes task force in January 2013, when a detective observed a specific Internet address sharing “files of interest.” As a result, the attorney general’s office issued a subpoena to Time Warner, the Internet provider, to obtain the name of the person using that address. That person was Babiuk.

In March 2013, detectives spoke with Babiuk at his home in Bar Harbor. During that interview, Babiuk stated that he lived alone and had no children. He said he had two laptop computers, one that he used for work and the other used primarily for watching movies and playing music. Upon further questioning, Babiuk admitted to downloading child pornography, telling detectives that he had been viewing these types of images for some time. He claimed his interest was as “a voyeur,” and that he has never abused a child, court records state.

At that time, Babiuk allowed detectives to seize his computer for analysis. Detectives later found more than 300 pornographic images of boys between the ages of five and 16 as well as numerous movies, some with boys under the age of 12, stored on the computer’s hard drive. Some of the images show adults abusing children.

None of the images are believed to be of children from Maine, police have said.

Following his arrest in August, Babiuk was taken to the Hancock County Jail in Ellsworth and later released after posting $500 bail.

Mark Good

Mark Good

Reporter at Mount Desert Islander
Mark Good

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