A Wisconsin man jailed after he helped a Tennessee teenager escape an abusive situation in her home is asking a judge to dismiss one of the charges.
Bryan Rogers is charged with sexual exploitation of a child to produce a visual depiction. In newly filed court documents, he claims he asked her to get video of her adoptive father raping her for evidence, not for personal gain.
Rogers met the Madisonville girl on an online gaming platform called Roblox in late September 2018, then began communicating by Facebook. Prosecutors allege that by Oct. 1, their long-distance relationship had turned romantic, and that's when the 14-year-old told Rogers that she was being sexually abused by her father.
They exchanged messages for months about how to get her away from him, and court documents show the teen, listed as KV in the documents, appeared desperate and threatened to kill herself if Rogers couldn't help her. Rogers was insistent that if she didn't have proof, he could get in trouble for helping her.
BR: And I know you don’t want to do it but I don't exactly want to see your dad rape you either
BR: But we need clear video evidence
KV: Bryan do u understand how hard that would be though
BR: yes
BR: But understand that I can get in a hell of a lot of trouble for harboring you
BR: Unless you can prove what he did they will just release you back to him if we get caught
KV: I understand bryan I guess
KV: As far as needing the evidence goes and u getting in trouble
BR: ok
KV: I just can’t promise I’ll get the evidence...
BR: Then I can't promise I can get you away from that
BR: I hate to say it but I can’t risk getting in trouble for you. If you can get that video I can get you out of there but without it you will just wind up back with your dad and I’ll be in trouble
The affidavit alleges that Rogers persuaded the minor to engage in sexually explicit conduct, to make a video recording of the conduct, and send the video recording to him. Once he received that video, it claims that Rogers traveled to Tennessee and returned to Wisconsin with the minor, which he did in January, sparking an Amber Alert as authorities searched for the teen.
Rogers argues, through his attorneys, that while there is no doubt that the video was sexually explicit and a horrible act, he was not the one to blame.
The motion to dismiss claims that the teen's adoptive father -- Randall Pruitt -- is the one who decided to engage in sexually explicit conduct. He also claims the teen decided to record the assault, and that "aside from suggesting that she record the assault as a means to prove the on-going crime, Rogers did not instruct on specifics other than to note that her step-father’s face should be visible."
Once the teen was in Wisconsin with Rogers, she wrote a letter detailing the abuse that was delivered to the FBI in St. Louis, along with the recording.
Prosecutors argue that Rogers' motion to dismiss left out some of the more sexually-explicit messages the two sent back and forth. It also claims that at one point Rogers stated, "[m]y plan is to blackmail [your father] with the evidence and tell him that if anyone comes looking for you, the police will receive the evidence.”
They outline instances where Rogers seems frustrated at the teen's insistence that she can't get the video.
According to the documents, "On December 31, 2018, KV stated that “I’m starting to think I’m not gonna get the video. I can’t..” Rogers responded “now why?” KV stated that she was “stressed out and idfk how to set the camera up because idk where he will take me or if he will come into my room while I’m sleeping… It’s just to complicated.” Rogers responded, “camera? What about your phone?”
Prosecutors allege that Rogers and the teen had a sexual relationship, beginning immediately after she arrived in Wisconsin. They also remind the court that Rogers lied about knowing where she was when they came to his home to question him.
They argue that the charge should not be dismissed at court and should be heard by a jury during trial.
Rogers remains behind bars in the Dane County, Wisconsin, jail. He also faces a federal charge of lying to the FBI.
He's due in federal court next week in Madison, Wisconsin.
Pruitt, the adoptive father, was charged with rape and is being held in the Monroe County jail.