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A 27-year-old Air Force man accused of having sex with 14-year-old girl was denied release bond pending trial
Kelli Sutterman / Admin
Mar. 3, 2011 2:07 pm
CEDAR RAPIDS – A 27-year-old Georgia man accused of having sex with a 14-year-old Iowa girl and taking her to Georgia for a month was denied bond Thursday in U.S. District Court and will remain in jail pending his April trial.
Gary Archer, of Valdosta, Ga, a member of the United States Air Force, was charged earlier this week with one count of interstate travel to sexually abuse a child and one count of transporting a child in interstate commerce for unlawful sex. The indictment was filed in January but just a portion was unsealed this week.
Archer's miltary rank wasn't revealed during a detention hearing Thursday and it's not included in the open portion of the indictment. There was little information of the alleged incidents in the indictment but more details were revealed during the hearing.
Stephen Swift, Archer's attorney, argued for a release bond saying Archer had maintained employment and his residence after knowing he was a target of an investigation in Georgia. He was first approached by a detective in Georgia back in September. Archer has been a member of the United States Air Force since 2006, he said.
Swift said Archer would comply with the court's requirements of a release bond and attend all the court proceedings.
Swift also stressed that these are just allegations and Archer should have the presumption of innocence. There are no witnesses to the alleged sexual acts and there is no collection of samples as evidence.
Swift also asked the judge to consider a comment made by the girl during a child protection services interview that “points to potential areas of a defense.”
The comment included in a medical report wasn't revealed in open court.
U.S. Magistrate Jon Scoles cited several reasons for denying Archer a release bond based on the nature of the crime and his actions.
Scoles said there is strong probable cause for the charges involving Archer traveling from Georgia to Iowa last May 28, to have sex with a 14-year-old girl. Archer and the girl stayed at a Holiday Inn Express in Iowa for a week before traveling across state lines to Georgia, where they stayed a month at a hotel and his apartment in Valdosta, Ga, he said.
Scoles said employees will confirm the Iowa hotel stay and employees will testify about finding bloody sheets in the hotel room during their stay. A manager at Archer's apartment also can identify the girl staying with him and would testify to seeing the couple at the pool hugging and kissing.
Scoles said Archer had an elaborate scheme to take the girl to Georgia by disguising his voice through an application on his cell phone and pretending to be a woman to trick the girl's father into letting her come to Georgia. Archer posed as the mother of a “sick friend” who asked for the girl to come visit.
Archer also sent a photo of his penis to the girl and she sent nude photos of herself to him, Scoles said.
There is also evidence from the girl that she had sex with Archer, Scoles said. The 14-year-old was taken to the doctor complaining of stomach pains and she told a nurse she had been sexually active with a 26-year-old Georgia man and wanted to take a pregnancy test and be tested for sexually transmitted diseases.
The girl also identified Archer as the man she had sexual intercourse with during an interview with child protection services, Scoles said.
Scoles said there is also some evidence that brings into question Archer's mental health, which is a factor for determining detention. Archer told his master sergeant at Moody Air Force Base in Georgia, where he is stationed, after his arrest that he “had nothing to live for” and “you don't have to worry about me anymore.”
A trial is set for April 25.
If convicted of both charges, Archer faces 10 years to life in federal prison and a $500,00 fine.

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