Why a Key West man was ordered held in jail after being accused in a child porn case
A judge ordered a Key West man held until his trial on child pornography charges based on the horrific images federal agents found on his cellphone.
The order also came down because Jonathan Fernandez-Herak previously left town when he learned he was being interviewed for an investigation into harming children, according to court documents filed Wednesday.
When Homeland Security Investigation agents conducted a search warrant on Fernandez-Herak’s Eaton Street apartment Dec. 6, they said they found two cellphones containing child pornography images and videos, including one lasting more 45 minutes long.
That video depicted the beating “and infliction of serious injuries” of a naked girl who appeared to be less than 10 years old, U.S. Magistrate Judge Lurana Snow wrote in her detention order.
Agents also found five pairs of children’s underwear in his apartment, even though the 34-year-old Fernandez-Herak does not have children, according to the order. That was in addition to handcuffs and “a sex toy with an associated remote control,” the order reads.
One of the phones had messages in the Kik app offering to share pornographic images on Dropbox. However, when agents tried to access the Dropbox on the phone, they found the account had been closed, Snow wrote.
Snow also noted that Fernandez-Herak was interviewed as part of a June 2019 child neglect and battery case in Lake County “involving great bodily harm,” Snow wrote. A month later, he moved to Key West, according to the detention order. He was arrested on a warrant in that case in March 22, but prosecutors eventually decided against pursuing charges.
But Snow cited the case as part of her reason for ordering Fernandez-Herak held until trial.
“In light of the severity of the sentence he faces and the fact that he left Lake County shortly after learning of a criminal investigation against him, the Defendant constitutes a flight risk,” Snow wrote.
Fernandez-Herak is scheduled to answer for at least one charge of possession of child pornography on Dec. 28.
