Child-porn-case defendant given release from jail

Judge: Man must go to drug, alcohol inpatient counseling

A Saline County man indicted in April on charges of possession and distribution of child pornography was ordered released from jail and told to report to inpatient drug and alcohol counseling during a bond hearing Tuesday by a U.S. magistrate judge in Little Rock.

Daniel Smith, 46, of Hensley was indicted April 7 by a federal grand jury after he was arrested the previous month by federal investigators at his home. Court records indicated Smith had been arrested the previous month by federal authorities after a search of his home in Hensley turned up a cellphone that contained numerous videos depicting child pornography.

After the search, according to court documents, Smith told investigators that about a year previous, his adult son had stayed at the home briefly and had left a tablet that he said contained naked photos of girls ages 13-15.

Smith’s attorney, Gregory Bryant of Little Rock, argued that his client should be released from jail to await trial under one of three conditions — release to his father in rural Montgomery County, release to his home in Hensley with his two minor children being sent to live with his mother in Florida, or release to in-patient drug rehabilitation followed by chemical-free living and electronic monitoring by the U.S. Probation Office, among other restrictions.

Assistant U.S. Attorney Kristin Bryant, who is not related to Gregory Bryant, argued that Smith posed too great a flight risk and danger to the community to be allowed out of jail under any conditions. She cited evidence that she said shows Smith is a “doomsday prepper,” and had stockpiled munitions and supplies at his home that would allow him to drop out of sight and live off the grid for a period of months.

“I don’t know that I’d call myself that,” Smith said, but acknowledged that he was prepared to live off of the grid should it become necessary.

Gregory Bryant asked Smith if he would be willing to put up a 22-acre plot that Smith owns as security to ensure his appearance at future hearings.

“I’ll do what I have to, yes,” Smith replied.

Kristin Bryant argued that Smith, through communications with others who she described as also being “preppers,” appeared to have the ability to drop out of sight, should he decide to do so.

“It’s clear Mr. Smith had contact with other individuals who are clearly prepared to go off the grid,” she argued. “I think this is evidence of risk of flight, as well as a danger to the community.”

FBI Special Agent Aaron Hurst testified that during the search of Smith’s home, investigators discovered multiple firearms, ammunition, a large capacity drum magazine, a gas mask and canisters, and body armor, among other items.

Hurst said that during an interview of Smith’s adult son, the son confirmed for investigators that he had lived at Smith’s home for about a month and that he did own a tablet that contained photos of himself and his girlfriend, but he denied ever having child pornography on the tablet.

Hurst said when the younger Smith was asked if he was aware of the charges against his father, he said he was.

“He said that he was not surprised based on stuff he said his father had said in the past but he did not elaborate,” Hurst said.

At the conclusion of the 90-minute hearing, U.S. Magistrate Judge Jerome Kearney ruled that Smith could be released to Freedom House in Russellville for inpatient drug and alcohol treatment, and could then be allowed to live in chemical free living, but he said Smith would be subject to a number of restrictions, including electronic monitoring.