I received a copy of the affidavit filed by Greg Stetskal, Special Agent Federal Bureau of Investigation to get the warrant for Baker.
It's pretty clear that Stetskal is a bit unclear on a few things about the net.
On the other hand, I have to admit that in Stetskal's shoes I would have done exactly the same thing. I'm not sure if Baker was fantasizing or making actual plans. I am sure that I would rather arrest Baker and then apologize for being wrong than not arrest him and then attend some poor woman's funeral.
Here's the affidavit.... Note that I received it in e-mail from someone I don't know, so it may be a forgery, but it looks authentic to me.
Mr. Green stated that the criminal charge is based upon a series of transmissions Mr. Baker made on the Internet computer network. on approximately January 19, 1995, the University of Michigan Department of Public Sarety became aware that Baker had transmitted communications on the Internet describing violent sex acts against women, and that at least one transmission identified Jane Doe as the specific victim of sexual torture and murder. A series of subsequent transmissions between Baker and others on the Internet system discussed plans for the abduction, torture, and murder of women.
Mr. Green explained that Mr. Baker's transmissions on the Internet gave rise to a charge under 18 U.S.C. s 875(c), which criminalizes the transmission in interstate or foreign commerce of a communication "containing any threat to kidnap any person or any threat to injure the person of another." Mr. Green further emphasized that the criminal complaint against Baker is merely a charging document, and that Baker is presumed innocent of the charge. The investigation, which is being handled by the Federal Bureau of Investigation, is still in progress,
1. I am a Special Agent with the Federal Bureau of Investigation, and have been so employed for the past 19 years. be following is known to me to be true through personal interviews and investigation.
2 . Abraham Jacob Alkhabaz, also known as Jake Baker , is an undergraduate student at the University of Michigan (UM) in Ann Arbor, Michigan. Baker has access to computers and has been assigned a unique name (password/identifier) by the university. Baker has, via his computer, access to a computer network commonly referred to as "Internet." Internet is a world-wide information network used in interstate and foreign commerce. Accordingly, Material transmitted into Internet is communicated and distributed in interstate and foreign commerce.
3. On or about January 19, 1995, University of Michigan Department of Public Safety (UMDPS) becamee aware of certain activities of Jake Baker, i.e., the transmission into Internet of "stories" graphically depicting violent acts against women. Further, UMDPS learned that at least one of these transmissions named a female student at US as the specific target/victim. The name of the female student is known to me, but will be identified in this affidavit only as "Jane Doe."
4. On January 20, 1995, Baker was contacted by UMDPS officers regarding the Internet transmissions. After being advised of and waiving his Miranda rights, Baker admitted writing and "posting" (transmitting) several depictions into the Internet computer network. these transmissions were placed in a "compartment" of the system labelled "alt. sex stories (a.s.s.)"
5. The transmissions distributed by Baker through Internet described Baker's desire to commit acts of abduction, bondage, torture, mutilation, sodomy, rape and murder of young women. The depictions of these criminal acts are extremely graphic and detailed.
6. In a preface to one of the transmissions, with an unidentified victim, Baker writes, "Torture is foreplay, rape is romance, snuff is climax."
7. one of the depictions transmitted by Baker into Internet Involved UM Co-eds Jane Doe, who Baker identified by her true name, Using her last name as the title of the "story." In a portion of Baker's expressed desire to injure Jane Doe, Baker states:
Then, Jerry and I tie her by her long brown hair to the ceiling fan, so that she's dangling in mid-air. Her feet don't touch the ground, She kicks trying to hit me, Jerry or the gorund (sic). The sight of her wiggling an mid-air, hands rudely taped behind her back, turns me on. Jerry takes a big spiky hair-brush and start beating her small breasts with it, coloring them with nice red marks. She screams and struggles harder. I've separated her legs with a spreader-bar; now I stretch out her pussy lips and super-glue them wide open. Then I take a heavy clamp, and tighten it coer her alit. once it's tight enough, I let go.Thus transmission and other similar transmissions may have been posted previously, but were posted or reposted on or about January 1, 1995.
8. Baker knew Jane Doe as a class-mate from a Japanese class at UM in the Fall of 1994. Jane Doe is aware of Baker's transmission concerning her and ir frightened and intimidated by it.
9. In late January l995, Baker signed various consent forms giving permission to the UMDPS to search and/or access his room, personal papers and computer files. This included the use of Baker's unique password, which provided access to Baker's electronic mail (e-mail). The hearth of the assail produced numerous messages between Baker and an individual identifying himself as Arthur Gronda supposedly residineding in Ontario, Canada. In these messages sent and received via Internet, Baker and Gronda discuss means of torture and acts of actual serial killers that had been reported in the media. Further, Baker and Gronda discuss actually getting together to commit the acts Baker had previously depicted and transmitted. The following is an excerpt from a message sent by Baker to Gonda on or about December 9, l994:
I just picked up Bllod (sic) Lust and have started to read it. I'll look for "Final Truth" tomorrow (payday). One of the things I've started doing is going back and re- reading earlier messages of yours. Each time I do, they turn me on more and more. I can't wait to see you in person. I've been trying to think of secluded spots, but my area knowledge of Ann Arbor is mostly limited to the campus. I don't want any blood in my room, though I have come upon an excellent method to abduct a bitch ---On or about December 10, 1994, the following response was sent via lnternet to Baker by Gonda:
As I said before, my toom is right across from the girl's bathroom. Wiat (sic) until late at night, grab her when she goes to unlock the door. Knock her unconscious and put her into one of those portable lockers (forgot the word for it), or even a duffle bag. Then hurry her out to the car and take her away . . . what do you think?
Hi Jake. I have been out tonight and I can tell you that I am thinking more and more about "doing" a girl. I can picture it so well . . . and I can think of no better use for their flesh. I HAVE to make a bitch suffer!10. Based on the aforementioned facts, there is probable cause to believe that Abraham Jacob Alkhabaz, also known as Jake Baker, knowingly transmitted a threat to injure the person of another in interstate and foreign commerce in violation of Title 18, United States Code, Section 875(c).
Greg Stetskal, Special Agent
Federal Bureau of Investigation
Subscribed and sworn to before
me this 9th day of February, l995.
Hon. Thomas A. Carlson
United States Magistrate Judge