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Date: 06-09-2023
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Court: United States District Court for the Middle District of Florida (Duval County)
Plaintiff's Attorney: United States Attorney’s Office in Jacksonville
Defendant's Attorney:
Description: Jacksonville, Florida criminal defense lawyer represented Defendant charged with two counts of production and attempted production of child sexual abuse material.
On September 17, 2022, the parent of a 12-year-old child (MV1) contacted the Clay County Sheriff’s Office (CCSO) to report a complaint MV1 had made about finding a cellular phone recording her changing clothes and using the shower in the bathroom at her softball coach’s house. CCSO responded that same night and interviewed the parent and MV1. The parent and MV1 said that they were at Andrew Lynn Overheul’s home in Orange Park, Florida on September 17, 2022, for a softball team family party, as Overheul, age 43, was the child’s softball coach. The children decided to have an impromptu group sleepover at Overheul’s home. Overheul told MV1 that she could take a shower in the master bathroom shower, as another girl was showering in the other bathroom at that time. MV1 spotted a phone on the bathroom countertop propped up between two boxes, with the camera facing the shower. Upon closer inspection, MV1 discovered the phone was actively recording, and immediately grabbed the phone and stopped the recording. MV1 reviewed the video and discovered that it depicted her, so she deleted the video, placed the phone back on the counter, and called her parents to pick her up from Overheul’s residence. MV1’s parent sent a text message to Overheul at 8:17 p.m. indicating they were on their way to pick MV1 up and would tell Overheul about it when they got there. At 8:44 p.m., Overheul responded by text message, “Hey we talked with the girls. No one is addmitting [sic] to playing a joke. The others that were in that bathroom said they saw my phone charging but no other phones.”
After interviewing the parents and MV1, CCSO detectives responded to Overheul’s residence in the early morning hours of September 18, 2022, and interviewed Overheul, during which he acknowledged he was the only person that used or had access and control of his cellphone. He further acknowledged that his cellphone was in the bathroom and claimed he had placed it there to charge.
Agents obtained a federal search warrant for Overheul’s cellphone and a forensic review of the device found two photos of several minor females on the softball team wearing swimsuits and sitting on the floor in Overheul’s living room, dated September 17, 2022, with a time stamp of 5:36 p.m. Forensics also showed that, at 7:38 p.m., a search for “canon remote app” was conducted on the cellphone, and then the Canon Camera Connect app was installed a few seconds later. This app allows a camera to record remotely with live view imaging of the camera from a smartphone. Forensics also revealed a search in the evening of September 17, 2022, in the Google Play Store on Overheul’s cellphone for two applications, which were downloaded, and can be used to delete information from a person’s phone.
On November 18, 2022, Homeland Security Investigations (HSI) executed a federal search warrant at Overheul’s residence and seized numerous electronic devices. Agents discovered hundreds of photos and videos of minors that appeared to have been taken surreptitiously without their consent.
This case was investigated by the Clay County Sheriff’s Office and Homeland Security Investigations (HSI). It is being prosecuted by Assistant United States Attorney Ashley Washington.
Outcome: Defendant pled guilty. Overheul faces a mandatory minimum sentence of 15 years, up to 60 years, in federal prison.
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