Evidence supports lewdness charges

Bill Gang

Monday, Nov. 17, 1997 | 12:47 p.m.

Frederick Osburn sat nervously in court Friday as Justice of the Peace Tony Abbatangelo pondered whether 65 photographs of naked children found in Osburn's home qualified as child pornography.

At the end of Osburn's preliminary hearing, the judge ruled that 57 pieces of evidence met the legal standard.

In addition, Abbatangelo decided there was sufficient evidence to hold the 42-year-old casino worker for trial on charges of using a minor in the production of pornography, open and gross lewdness, attempted burglary and possession of burglary tools.

Osburn will be arraigned Dec. 2 in District Judge Joseph Pavlikowski's courtroom on the charges that could put him in prison for the rest of his life.

The child pornography was confiscated along with thousands of photographs and hundreds of videos depicting naked youngsters and explicit sexual acts involving adults -- most of it legal to be possessed and not at issue in the court case.

Defense attorney John Turco noted that possessing photos of naked youngsters is legally not pornography unless there is a sexual connotation to the nudity portrayed.

Deputy District Attorney Doug Herndon argued that 65 of the items recovered in the search of Osburn's home crossed the line and Abbatangelo agreed on all but eight of them.

One key piece of evidence at the two-day hearing was a videotape shot apparently during a late-night break-in of the home of an adolescent girl.

The video, taped by flashlight, focused on the girl's genitals as she slept. Her nightgown had been pulled up by the camera operator, whom prosecutors contend was Osburn.

The video of the unidentifiable girl was hidden in the middle of a tape of Osburn family events.

Although it is unclear who made the tape, Herndon said the other footage on the tape and the presence of video equipment in the defendant's home suggested he was the camera's operator.

The burglary-related charges stemmed from his apprehension after a couple of late-night prowlings through residential areas that police had observed during round-the-clock surveillence in mid-September.

The surveillence led to the search warrant of his home near Stewart Avenue and Nellis Boulevard.

From Sept. 10-19, Osburn was seen changing into dark clothing after getting off work at 4 a.m. from his Strip casino job and then beginning his near-nightly forays.

He was followed by members of Metro's Northeast Area Command problem-solving unit as he drove into residential neighborhoods. But they repeatedly lost sight of him as he slipped through the shadows of private yards.

Inevitably he would emerge and drive to a new area, where the routine was repeated.