FILED

11/12/2020 10:10 AM
JOHN F. WARREN
COUNTY CLERK
DALLAS COUNTY

CAUSE NO. CC-20-04993-C

________________

TRACY WALDER Individually and § IN THE COUNTY COURT

as Next Friend of S.W., A MINOR §
CHILD §
§
Plaintiffs, §
§
V. § AT LAW NO. ______
§
THE HOCKADAY SCHOOL AND §
JASON BALDWIN §
§
Defendants, § DALLAS COUNTY, TEXAS

PLAINTIFFS’ ORIGINAL PETITION AND

REQUEST FOR DISCLOSURE

TO THE HONORABLE JUDGE OF SAID COURT:

This lawsuit arises from injuries and abuse sustained by a minor student at the

hands of pedophile Jason Baldwin and the toxic culture at The Hockaday School

which enabled Baldwin.

I.
DISCOVERY CONTROL PLAN

1. Plaintiffs intend to conduct discovery under Level III of Texas Rules of

Civil Procedure 190.4 because she seeks monetary relief aggregating more than

$50,000 and requests the Court enter a Discovery Control Plan to place this case

under Level III.

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 II.
JURISDICTION AND VENUE

2. Venue is proper in Dallas County under §15.002 of the TEXAS CIVIL

PRACTICE AND REMEDIES CODE, because the events forming the basis of this lawsuit

occurred in Dallas County.

3. Jurisdiction is proper because the amount in controversy exceeds the

minimum jurisdictional limits of this Court.

4. Plaintiffs seek relief in accordance with TEX. R. CIV. P. 47(c)(5).

III.
PARTIES AND SERVICE

5. Plaintiff Tracy Walder is an individual residing in Dallas County,

Texas.

6. S.W. is a minor child who does not have capacity to bring her own

claims. Her claims are brought through her mother and Next Friend, Tracy Walder.

7. Defendant The Hockaday School is a domestic company with its

principal place of business in Dallas County, Texas. Defendant may be served

process by serving its registered agent, CT Corporation System, at 1999 Bryan St.

Suite 900 Dallas, Texas 75201.

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 8. Defendant Jason Baldwin is an individual residing in Dallas County,

Texas. Defendant may be served process by serving him at his residence located at

8707 Ferndale Road APT. 110, Dallas, Texas 75238, or wherever he may be found.

IV.
FACTS

INTRODUCTION

9. The Hockaday School is an all-girls private school that is known to be

among the premier preparatory schools in the United States. Unfortunately, the

current leadership of Hockaday has placed Hockaday’s public perception and

fundraising efforts above the safety and welfare of its students.

10. On July 30, 2020 Defendant Jason Baldwin, a teacher at Hockaday’s

Child Development Center, was arrested by the FBI in connection with a national

child pornography investigation. The FBI identified Baldwin as a purchaser of

pornographic videos depicting minor children performing sex acts upon each other

and with adults. Baldwin was traced through his email and IP addresses back to

Hockaday and upon arrest admitted that he had been addicted to child pornography

for the preceding eight years.

11. Following Baldwin’s arrest, Hockaday terminated him and carefully

selected its words to parents and to the media. Hockaday gave the impression that

Baldwin had not harmed any students at Hockaday, and that Hockaday had no way
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of knowing that Baldwin was not suitable to be around children.

12. This lawsuit will show that Baldwin caused substantial harm to S.W., a

3-year-old student at Hockaday. After Baldwin negligently caused a significant

injury to S.W., he retaliated against and abused S.W. for telling the truth about how

her injuries were caused over the course of a year as her teacher. Hockaday was

given notice of several red flags that should have prompted an investigation into

Baldwin. Instead, Hockaday repeatedly sided with Baldwin, swept his actions under

the rug, and retaliated against S.W.’s mother, another teacher at Hockaday, for

reporting Baldwin.

TRACY WALDER ENROLLS HER YOUNG DAUGHTER IN CDC

13. Prior to the occurrences in question, Tracy Walder was a decorated

teacher within Hockaday’s Upper School. Before her employment at Hockaday, Ms.

Walder served as a federal agent for the CIA and the FBI. Upon retirement from

federal service Ms. Walder pursued her passion to become a teacher and accepted a

job with Hockaday in 2010. As a teacher Ms. Walder was respected by her students,

by the parents of her students, and by Hockaday’s alumni. During her time at

Hockaday she was a nominee for the Higginbotham Rogers Award for Faculty

Excellence in 2011, she was given the Killian Award for Excellence in teaching in

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2017, and she had no adverse disciplinary history until Hockaday’s retaliation efforts

against her in relation to this incident.

14. During her employment with Hockaday, Ms. Walder and her husband

Benjamin were blessed with a daughter, S.W. When S.W. was old enough, the

Walders enrolled S.W. into the pre-school program at Hockaday’s Child

Development Center.

BALDWIN INJURES S.W. ON THE PLAYGROUND, LIES ABOUT IT,

AND HOCKADAY SIDES WITH BALDWIN

15. On or about August 21, 2018 S.W. was enrolled in Jason Baldwin’s

pre-school class. S.W. was a 3-year-old at the time.

16. While the kids from Baldwin’s class were on the playground, S.W. got

on the swing set and Baldwin began pushing her.

17. As Baldwin kept pushing S.W. harder and harder S.W. told him to stop

and that he was pushing her too high. Baldwin did not listen to her, kept pushing her

harder, and S.W. fell off the swing and landed on her left arm which resulted in

multiple, significant bone fractures.

18. When Ms. Walder went to pick up S.W. that day another staff member

brought S.W. out and neglected to mention the injuries. When S.W. told Ms. Walder

that her arm hurt in the presence of the staff member, the staff member casually

mentioned that Baldwin said she fell off the swing earlier. After bringing S.W. home,
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examining the wound, and applying pressure, Ms. Walder learned that the injuries

were much more serious than what the staff member let on and took S.W. to the

doctor where x-rays revealed the fractures.

19. After S.W.’s injury Jason Baldwin lied to Hockaday and told them that

S.W. fell off the swing on her own as she was trying to climb on to it. S.W. told Ms.

Walder the truth about what had happened which was relayed to Hockaday. The

orthopedic doctors who were treating S.W. for her injuries relayed that her fractures

could not have been caused by simply falling from the height of the swing.

20. When Ms. Walder met with the CFO of Hockaday about S.W.’s injury,

the CFO told Ms. Walder that she “had no problems with Jason [Baldwin] and loved

him and her kids did too.” The CFO said that she believed Baldwin, that Hockaday

was not at fault for the injury, and that no action would be taken. Hockaday was

however cited by OHSA for safety violations and reluctantly made changes to the

playground. No disciplinary action was taken against Baldwin for causing the

injuries to S.W. or for lying about how the injuries were caused. Instead, Hockaday

swept the incident under the rug and ordered Ms. Walder not to mention it to others.

BALDWIN RETALIATES AGAINST S.W. OVER THE COURSE OF THE

SCHOOL YEAR AND HOCKADAY SWEEPS IT UNDER THE RUG

21. After the playground incident the year proceeded with Baldwin

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continuing to teach S.W. within his class.

22. Unknown to Ms. Walder, Baldwin held a grudge against S.W. for

tattling on him. Baldwin began singling out S.W. and mentally and emotionally

abusing S.W. during his time with her. After S.W. started classes with Baldwin S.W.

would frequently come home, cry, and throw multiple tantrums. As a young child

S.W. could not fully express herself but during her tantrums would tell Ms. Walder

statements such as “school is not fair” and “Mr. Jason does not like me.”

23. In mid-September 2018 Ms. Walder brought breakfast to class along

other with other parents. S.W. and Baldwin were both in attendance. S.W. was upset

that she did not have a spoon for her yogurt and Ms. Walder told her daughter that

she would go to her classroom and see if she could find one. As Ms. Walder got up

to leave, she overheard Baldwin making the snide comment to S.W. that she had

“white people problems.”

24. After hearing Baldwin’s comment and witnessing the distressed

behavior from S.W. continuing to repeat itself, Ms. Walder met with Angel Duncan

who was the head of Hockaday’s Child Development Center. Ms. Walder informed

Ms. Duncan of S.W.’s behavior at home, what she was hearing from S.W., and the

comment from Baldwin in which the tone and content seemed inappropriate for a

teacher speaking to a 3-year-old. Ms. Walder stated that she felt uncomfortable with

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Baldwin. Ms. Duncan promptly dismissed Ms. Walder’s comments and told her that

she had no complaints with Baldwin and that S.W.’s behavior was caused from her

adjusting to a new teacher.

25. As the school year progressed Ms. Walder noticed remarkable changes

in her daughter’s behavior. Where she once saw a bright, happy, and energetic child,

she was now seeing S.W. behave in a sad, angry, nervous, and closed-off manner.

In addition to her tantrums, S.W. began biting her nails to the point of causing her

fingers to bleed and developed several other nervous ticks such as obsessive

blinking. S.W.’s mood, demeanor, and mannerisms were better on days when she

had no contact with Baldwin.

26. Ms. Walder continued to see S.W. struggle and continued to have her

reservations about Baldwin, but Hockaday kept ignoring Ms. Walder and attributing

the behavior to S.W. being a difficult child. In March 2019 Ms. Walder had another

meeting with the headmistress and reported S.W.’s ongoing behavior and her

concerns about Baldwin. The headmistress told Ms. Walder that it was her word

against his and she [the headmistress] had no reason to doubt his [Baldwin]. The

headmistress was uninterested in hearing the complaints about Baldwin, cut Ms.

Walder short when she tried to express them, and ended the meeting praising Ms.

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Walder and stating that she was an asset to the school. No action was taken and

Hockaday still refused to investigate.

27. In April 2019 Ms. Walder and her husband met with Baldwin for

parent-teacher conferences. They both relayed to Baldwin how unhappy they were

with what they had seen from their daughter and the year that she had with him. Ms.

Walder later had a conversation with Angel Duncan who made the following

dismissive comment to her: “Jason said a parent was upset with him, but didn’t tell

me who, oh well.”

28. After the school year ended an outcry occurred as Ms. Walder was

taking her daughter to swimming lessons. S.W. seemed especially distraught that

day and when Ms. Walder kept asking her what was wrong, S.W. broke down and

told her that during classes Mr. Jason would lock her in the restroom by herself with

the lights off for crying too much. Ms. Walder was distraught after hearing S.W.

finally share details about what was happening and the Walders reported it to Angel

Duncan. Ms. Walder also sought help from a professional counselor. The counselor

correctly identified the reported behavior as child abuse and aided Ms. Walder in

making a report to CPS.

29. In response to the CPS report, Hockaday performed no meaningful

investigation; instead, Hockaday once again covered for Baldwin, told CPS that it

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had no knowledge of any events of that nature, and gaslighted Ms. Walder by telling

her that what her daughter said was not true and that “kids make things up all the

time.” Angel Duncan also emailed Mr. Walder and said that Baldwin was “shocked

to hear S.W.’s story.” Ms. Duncan said that she would place a note in Baldwin’s file,

but proceeded to do nothing of substance.

30. Ms. Walder was distressed by the response, but it was effective in

making Ms. Walder doubt what was happening. She was in a poor position as taking

any further action could also jeopardize her employment with Hockaday. Instead of

taking any further actions at that time Ms. Walder quietly hoped that the problems

would be over as S.W.’s classes with Baldwin had ended and S.W. would be enrolled

in pre-K the following year instead of CDC.

HOCKADAY CONTINUES TO COVER FOR BALDWIN AND BEGINS

RETALIATING AGAINST MS. WALDER

31. Following the CPS report Angel Duncan stopped communicating with

Ms. Walder entirely. Upon returning from the Summer break, the attitude of

Hockaday’s administration, including the headmistress, toward Ms. Walder changed

dramatically. Where Ms. Walder had once enjoyed a friendly and professional

relationship with the headmistress and with her peers in Hockaday’s administration,

she was thereafter given a cold reception and treated with hostility.

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 32. Although Ms. Walder hoped that Baldwin would no longer come in

contact with her daughter as a pre-K student, Baldwin became involved in several

extracurricular activities sponsored by Hockaday that S.W. would have otherwise

participated in. Ms. Walder actively avoided enrolling S.W. into any extracurricular

activities that Baldwin was involved and when Hockaday’s administration asked her

why she reiterated the problems that S.W. had with Baldwin.

33. In September 2019 S.W. was on playing soccer on the pre-K intramural

team, fell, and landed on her arm. When S.W. came over to the sideline, she told Ms.

Walder that “maybe it’s broken like when Jason did that.” There were several other

parents around who asked what S.W. meant and Ms. Walder answered truthfully and

told them about the playground incident.

HOCKADAY PUNISHES MS. WALDER FOR REPORTING ANOTHER

INCIDENT OF CHILD ABUSE

34. In mid-October 2019 a student came to Ms. Walder crying and reported

an incident where the daughter of the head of the lower school choked another

student. Ms. Walder helped the student report the incident to the head of Hockaday’s

after-school program. The head of the after-school program told Ms. Walder that

there had better be proof because she was fearful of the head of the lower school.

Ms. Walder also informed the parent of the student who was choked who was

another faculty member at Hockaday.

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 35. Following the choking report, Ms. Walder was called into a meeting

with the headmistress where she was chastised and berated for reporting the choking

incident and for informing the child’s parents.

36. Following the meeting with the headmistress Ms. Walder scheduled a

meeting during her free period with the head of the lower school to discuss the

extracurricular activities that S.W. would be involved in. The head of the lower

school ran late to the meeting which caused Ms. Walder to run 5 minutes late to the

next class that she would have to teach. The head of the lower school subsequently

reported Ms. Walder’s “tardiness” to the headmistress.

37. During a November teacher meeting the headmistress singled-out Ms.

Walder and berated her in front of the other teachers for being 5 minutes late to her

class. This was a very minor “offense” and Ms. Walder had never been subjected to

that kind of hostile treatment while teaching for Hockaday.

38. Following the teacher meeting the headmistress called Ms. Walder in

for a private meeting. Ms. Walder believed that it would be an expansion upon

reporting the choking incident or the benign offense of running 5 minutes late to

class, but instead the headmistress began yelling at her for telling other parents what

had happened to S.W.’s arm and told her that she could be fired for doing what she

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did and for reporting Baldwin.

39. Ms. Walder left the final meeting with the headmistress in tears as she

had done nothing wrong. After reflecting upon the meeting and the treatment that

she and S.W. had received from Hockaday the preceding year and a half she tendered

her resignation the following day.

40. The headmistress was stunned by Ms. Walder’s resignation, believing

that she could bully Ms. Walder into acquiescence, and proceeded to guilt Ms.

Walder into staying for the remainder of the semester for the sake of her students.

She instructed Ms. Walder not to inform anyone about her resignation until after it

was officially announced at the end of the semester. Ms. Walder agreed because the

unacceptable behavior of Hockaday in the preceding months and years was not the

fault of her students but continued to have a cold relationship with the administration

until she left.

41. At the end of the semester Ms. Walder was celebrated for her near

decade of teaching for Hockaday and the truth behind her resignation was withheld

from her students and from Hockaday’s parents and alumni. After Ms. Walder’s

resignation Hockaday continued to accept donations from alumni that were made in

Ms. Walder’s name and honor.

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 BALDWIN IS INVESTIGATED BY THE FBI AND CONFESSES TO HIS
LONG-STANDING ADDICTION TO CHILD PORNOGRAPHY

42. On July 21, 2020 local FBI agents received information from FBI

Philadelphia that they had identified Jason Baldwin as a consumer of child

pornography during their investigation and arrest of the seller. Baldwin was

purchasing child pornography using the Kik app under the alias of “Kpalin09” which

listed email addresses that were traced back to IP addresses which listed the

addresses of Baldwin’s residence and of The Hockaday School.

43. FBI Philadelphia’s investigation revealed that Baldwin had purchased

child pornography from their suspect on five occasions from October 29, 2019 to

January 1, 2020. Baldwin had accessed the Kik app from Hockaday’s IP address

which is how he was traced to Hockaday. Kik has a well-documented and dubious

history of use by criminals engaged in child exploitation.a

44. The videos that Baldwin purchased depict young boys and girls

undressed and performing various sexual acts upon themselves, upon other children,

and upon adult men. Those sexual acts include masturbation, oral sex, and anal

a
https://www.forbes.com/sites/thomasbrewster/2019/03/06/exclusive-the-fbi-took-over-the-online-identity-of-a-
pedophile-letting-child-porn-spread-for-18-months/?sh=c7c0ad85cb19;
https://www.theverge.com/2017/8/6/16104280/kik-messenger-app-child-predators-report

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penetration. One particularly disgusting video depicts a young boy who penetrates

his anus with a pen before performing oral sex upon himself.

45. Upon receiving the information, the FBI arrested Baldwin and executed

a search warrant upon his residence. During this process Baldwin admitted that he

had purchased and viewed child pornography and that he had been addicted to child

pornography for eight years. The Criminal Complaint is attached and incorporated

as Exhibit A to this petition.

HOCKADAY MINIMIZES BALDWIN’S ARREST AND

MISLEADS THE PUBLIC

46. Following the arrest of Baldwin, Hockaday has been proactive in

promoting a narrative that Baldwin had not harmed any students during his time at

Hockaday, that Hockaday could not have discovered that Baldwin was a danger to

its students, and that Hockaday’s “highest priority is providing quality care and

instruction in a safe, secure, and nurturing environment.”

47. The narrative that Hockaday has lead the public to believe is not true as

it hired a depraved, child porn addict to work with young children in its Child

Development Center, it failed to properly investigate serious injuries that were

caused by Baldwin to S.W., it ignored and failed to investigate reports of ongoing

abuse to S.W., it failed to properly investigate after a CPS report against Baldwin, it

retaliated against Ms. Walder for speaking out on Baldwin’s actions and reporting
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him to CPS, and it fostered an environment where incidents of harm to its students

would either be ignored without meaningful action or would go unreported by

employees at Hockaday due to the threat of the employees being ostracized and

punished for reporting. In effect, Hockaday created a toxic and unsafe environment

that sacrificed student safety in order to keep up Hockaday’s appearances.

MS. WALDER AND S.W. CONTINUE TO FEEL THE EFFECTS OF THE

INCIDENTS THAT HOCKADAY IGNORED

48. S.W. continues to suffer from discomfort and impairment from the

fractures she sustained from the playground injury that was swept under the rug by

Hockaday. Notably she requires special accommodations at her new school to write

with her left-hand which is her dominant hand.

49. S.W. continues to have emotional episodes and outbursts when she

remembers the abuse she received at the hands of Baldwin. S.W. has started to open

up about more what Baldwin had been doing to her and is enrolled in counseling to

attempt to heal the harms that Baldwin has caused to her.

50. Ms. Walder continues to have regrets and self-doubt over what

happened to her daughter and whether she should have taken more action to remove

S.W. from contact with Baldwin. Ms. Walder continues to lament the response of

Hockaday in response to her reports of child abuse which presents an ongoing

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problem to the parents, children, and faculty members that she cares deeply for.

Hockaday’s toxic culture has necessitated this lawsuit so that child abuse is not

brushed off in the future by Hockaday, nor by any other entity with the duty and

ability to step in and prevent child abuse.

V.
CAUSES OF ACTION AGAINST THE HOCKADAY SCHOOL

NEGLIGENCE

51. Defendant stood in loco parentis during each occurrence forming the

basis of S.W.’s claims. Defendant owed duties in the safety, care, and supervision

of S.W. while she was a ward of Defendant and removed from her parents.

52. Defendant breached its duties by failing to provide a safe environment

to S.W., by negligently hiring, supervising, training, and retaining Jason Baldwin,

and by failing to investigate and take actions in response to reports of harm caused

by Jason Baldwin to S.W. which would have prevented further abuse.

53. Defendant knew or should have known that Jason Baldwin posed a

danger to S.W. Specifically, Defendant knew that Baldwin had injured S.W. on the

playground and knew of multiple complaints by S.W. and Ms. Walder regarding

incidents and inappropriate behaviors by Jason Baldwin against S.W., yet did

nothing to protect S.W. nor to monitor Baldwin’s interactions with S.W.

Additionally, Jason Baldwin was an individual who had been consuming child
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pornography, which included depraved and masochistic acts against children, for at

least six years preceding the injuries and should have discovered that his character,

morals, and depraved disposition towards children rendered him incompetent to care

for children.

54. Defendant’s breach of its duties proximately caused the occurrences in

question and S.W.’s injuries.

RESPONDEAT SUPERIOR (8/21/18 INCIDENT ONLY)

55. Jason Baldwin was acting within the course and scope of his

employment with Hockaday at the time of August 21, 2018 incident where his

negligent acts caused S.W. to break her arm.

56. Jason Baldwin’s negligent acts were a proximate cause of S.W.’s

injuries from that incident and Hockaday is vicariously liable for such acts.

RATIFICATION

57. Jason Baldwin was an employee of Hockaday at all relevant times.

58. In response to each occurrence Hockaday sided with Jason Baldwin and

took no disciplinary action against him nor took any meaningful precautionary

measures to discourage the acts complained of or to protect S.W. against future acts.

In effect, Hockaday ratified the intentional actions of Jason Baldwin against S.W. as

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acceptable within the course and scope of his employment and Hockaday is therefore

vicariously liable for those acts.

59. The intentional acts committed against S.W. by Jason Baldwin which

were ratified by Hockaday proximately caused S.W. to sustain damages.

GROSS NEGLIGENCE

60. Defendant’s choice to ignore and fail to properly investigate complaints

of neglect and child abuse committed against S.W. by Jason Baldwin, viewed

objectively from Hockaday’s standpoint at the time of the occurrence, involved an

extreme degree of risk considering the probability and magnitude of harm to its

students including S.W..

61. Defendant had actual, subjective awareness of the risks of ignoring

complaints of neglect and child abuse committed by one of its teachers, but

nevertheless proceeded with conscious indifference to the rights, safety, and welfare

of its students, particularly the young children that Jason Baldwin was charged with

teaching.

62. Members of Defendant’s management were given notice of the

complaints against Baldwin and were involved in the decision to do nothing

substantive in response to those complaints.

63. Defendant’s gross neglect proximately caused injury to Plaintiffs.

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 STATUTORY CLAIMS UNDER TEX. FAM. CODE §261.110

64. Tracy Walder is a “professional” under the definition of TEX. FAM.

CODE §261.101(b).

65. The actions of Jason Baldwin against S.W. meet the definition of

“abuse” under TEX. FAM. CODE §261.001.

66. Additionally, the incident in which the daughter of the lower school

choked another student meets the definition of “abuse” under TEX. FAM. CODE

§261.001.

67. Tracy Walder reported Jason Baldwin’s abuses toward S.W. to CPS and

to administrators of Hockaday. She reported the incident in which the daughter of

the lower school choked another student to an administrator within Hockaday.

68. In response to Tracy Walder’s reports of child abuse, Hockaday

retaliated against her and took adverse actions against her which would dissuade

further reporting both by her and by other professionals required to report child abuse

or neglect when it occurs.

69. Acts of retaliation occurred within 60 days of the reporting of the

incidents of child abuse; therefore, Under TEX. FAM. CODE §261.110(i) there is a

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presumption that Hockaday’s actions against Tracy Walder were taken in response

to the reporting of the abuse.

VI.
CAUSES OF ACTION AGAINST JASON BALDWIN

NEGLIGENCE (8/21/18 INCIDENT ONLY)

70. Defendant stood in loco parentis at the time of the incident and owed a

duty to properly supervise S.W. Additionally, Defendant owed a duty to not injure

S.W. through his own negligent activity.

71. Defendant breached his duties by negligently continuing to push S.W. on

the swing and for pushing her with increasing force when S.W. had told Defendant to

stop and that he was pushing her too high. Additionally, or in the alternative, Defendant

breached his duty by failing to properly supervise S.W. at the time she was injured.

72. Defendant’s negligence proximately caused the August 21, 2018

occurrence and the injuries arising out of the fractures to S.W.’s left arm.

CHILD ABUSE/IIED

73. Defendant intentionally caused mental and emotional injury to S.W.

through singling her out and by mentally and emotionally abusing her over an extended

time. Defendant also intentionally placed S.W. in situations in which she sustained

mental and emotional injury.

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 74. The mental and emotional injuries inflicted upon S.W. resulted in

material and observable impairment in S.W.’s growth, development, and

psychological functioning.

75. Defendant’s actions were extreme and outrageous.

FALSE IMPRISONMENT

76. Defendant willfully detained S.W. by locking her into a restroom and into

a closet without the lights on.

77. S.W. did not have capacity to give consent to that type of detainment and

such detention was without legal authority or justification.

78. Defendant’s unlawful detentions of S.W. proximately caused injury to

her.

VII.
DAMAGES FOR S.W.

79. As a result of the August 21, 2018 incident S.W. sustained physical

impairment in the past and in reasonable probability will continue to suffer from

physical impairment in the future.

80. As a result of the August 21, 2018 incident S.W. sustained physical pain

and suffering in the past and in reasonable probability will continue to suffer from

pain and suffering in the future.

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 81. As a result of all incidents S.W. sustained mental anguish and emotional

distress in the past and in reasonable probability will continue to suffer from mental

anguish and emotional distress in the future.

82. As a result of all incidents, S.W. will, in reasonable probability incur

reasonable and necessary medical and psychiatric bills in the future.

VIII.
DAMAGES FOR TRACY WALDER

83. As a result of Hockaday’s violations of TEX. FAM. CODE §261.110

Tracy Walder sustained mental anguish and emotional distress in the past and will

continue to suffer from mental anguish and emotional distress in the future.

84. Under TEX. FAM. CODE §261.110(d)(4) Tracy Walder is authorized to

collect reasonable attorney fees in the prosecution of these claims.

IX.
EXEMPLARY DAMAGES

85. S.W.’s injuries resulted from acts of malice and gross negligence which

entitle S.W. to exemplary damages under TEXAS CIVIL PRACTICE & REMEDIES

CODE §41.003(a). Tracy Walder is entitled to exemplary damages against Hockaday

under TEX. FAM. CODE §261.110(d)(2).

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 X.
CLAIM FOR PREJUDGMENT AND POST-JUDGMENT INTEREST

86. Plaintiffs claim interest in accordance with TEXAS FINANCE CODE

§304.001 et seq. and any other applicable law.

XI.
REQUEST FOR DISCLOSURE AND PRESERVATION

87. Under TEXAS RULES OF CIVIL PROCEDURE 194, Plaintiffs request that

Defendants disclose, within 50 days of the service of this request, the information or

material described in Rule 194.2.

88. Defendants are hereby given notice that any document or other

material, including electronically stored information, that may be evidence or

relevant to any issue in this case is to be preserved in its present form until this

litigation is concluded. These documents specifically include Jason Baldwin’s

personnel file, Tracy Walder’s personnel file, all documents relating to the OHSA

investigation into the August 21, 2018 incident, all communications between

Hockaday and Jason Baldwin, all communications between Hockaday and Tracy

Walder, and all communications between Hockaday and any government agency

regarding Tracy Walder, S.W. or Jason Baldwin.

Plaintiffs’ Original Petition and Request for Disclosure -- Page 24

024
 XII.
NOTICE PURSUANT TO TEX. R. CIV. P. 193.7

89. Plaintiffs provide notice to Defendants pursuant to Rule 193.7 of the

TEXAS RULES OF CIVIL PROCEDURE that Plaintiffs may utilize as evidence during the

trial of this lawsuit, all documents exchanged by the parties in written discovery in

this case. These documents specifically include recorded conversations between

Tracy Walder and Hockaday, medical records of S.W. and pictures and video of

S.W. describing behaviors exhibited by Jason Baldwin toward her.

XIII.
NOTICE PURSUANT TO TEX. R. EVID. 609(f)

90. Plaintiffs provide notice to Defendants pursuant to Rule 609(f) of the

TEXAS RULES OF EVIDENCE that Plaintiffs intend to use Jason Baldwin’s arrest,

indictment, confession, and soon-to-be conviction for child pornography and

exploitation of children for purposes of impeachment, to establish a pattern of

depraved and abusive thoughts toward children, and to demonstrate that Hockaday

should have known that Baldwin was a danger to the young children that Hockaday

entrusted to his care.

XIV.
PRAYER

WHEREFORE PREMISES CONSIDERED, Plaintiffs pray that Defendants

be cited to appear and answer herein and upon final hearing of this cause, Plaintiffs
Plaintiffs’ Original Petition and Request for Disclosure -- Page 25

025
have judgment against Defendants, jointly and severally, for damages described

herein, for costs of suit, pre-judgment and post judgment interest permitted by law,

and for such other relief to which Plaintiffs may be justly entitled.

Respectfully submitted,

SCOTT H. PALMER, P.C.

__________________________
GRANT K. GERLEMAN
State Bar No. 24083065
PAUL E. GREEN
State Bar No. 24081405
SCOTT H. PALMER
State Bar No. 00797196

15455 Dallas Parkway, Suite 540

Addison, Texas 75001
Telephone: 214.987.4100
Facsimile: 214.922.9900
grant@scottpalmerlaw.com
paul@scottpalmerlaw.com
scott@scottpalmerlaw.com
e-service: shelly@scottpalmerlaw.com

ATTORNEYS FOR PLAINTIFF

Plaintiffs’ Original Petition and Request for Disclosure -- Page 26

026
 Case 3:20-mj-00782-BN Document 1 Filed 07/29/20 Page 1 of 20 PageID 1
SEALED
AO 91 (Rev. I 1/11) Criminal Complaint

UNITED STATES DISTRICT COURT

for the
FILED
Northern District of Texas
July 29, 2020
KAREN MITCHELL
United States of America ) CLERK, U.S. DISTRICT COURT
v. )
) Case No.
Jason Sherod Baldwin ) 3:20-MJ-782-BN
)
)
)
Defendant(s)

CRIMINAL COMPLAINT
I, the complainant iri this case, state that the following is true to the best of my knowledge and belief.
On or about the date(s) of Oct. 29, 2019 through J an 1, 2020 in the county of Dallas in the
_ _N_o_rt_h_e_rn__ District of _ _ _T_e_x_a_s_
. ___ ,the defondant(s) violated:

Code Section Offense Description

18 USC 2252A(a)(2)(A) Receipt of Child Pornography

This criminal complaint is based on these facts:

See Attached Affidavit of SA Jennifer Mullican

··~
0 Continued on the attached sheet.

SA Jennifer Mullican, FBI

Printed name and title

Agent sworn and signature confirmed via reliable electronic means, pursuant to Fe . . Crim. P. 4.1.

Date: July 29, 2020

Judge's signature

Cify and state: Dallas, Texa.s DAVID L. HORAN, U.S. Magistrate Judge
Printed name and title

Exhibit "A" 027

 Case 3:20-mj-00782-BN Document 1 Filed 07/29/20 Page 2 of 20 PageID 2

AFFIDAVIT

I, Jennifer Mullican, a Special Agent (SA) with the Federal Bureau of

Investigation (FBI), being duly swom, depose and state the following:

INTRODUCTION

1. I am a Special Agent with the Federal Bureau of Investigation (FBI), and I

have been employed in this capacity since October 2003. I am currently assigned to the

Dallas Division of the FBI. As a federal agent, my duties include, but are not limited to,

the investigation and enforcement of Titles 18, 21 and 31 of the United States Code

(U.S.C.). I am an "investigative or law enforcement officer of the United States" within

the definition in 18 U.S.C. § 2510(7), in that I am an agent of the United States

authorized by law to conduct investigations of, and make al.1'ests for, federal offenses.

2. I am currently assigned to a Crimes Against Children and Human

Trafficking Task Force, wherein my duties and responsibilities include investigating

crin1inal violations relating to the sexual exploitation of children, such as the illegal

production, transportation, distribution, receipt, and possession of child pornography, in

violation of 18 U.S.C. §§ 225 1, 2252, and 2252A. I have investigated these violations

since 2013 and have gained expe1tise in these types of investigations through training in

seminars, classes, and my everyday work.

3. · In addition, I have received specialized training in the investigation and

enforcement of federal child pomography laws and have had U1e opp01tunity to observe

and review numerous examples of cpild pomography (as defined in 18 U .S.C. §2256) in

all forms of media, including computer media. I have been involved in numerous child

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 Case 3:20-mj-00782-BN Document 1 Filed 07/29/20 Page 3 of 20 PageID 3

pornography investigations and am very familiar with the tactics used by child

pornography offenders who collect and distribute child pornographic material.

4. The statements contained in this affidavit are based on information

provided by FBI Special Agents; written reports about this and other investigations that I

have received, directly or indirectly, from other law enforcement agents; info1mation

gathered from the service of administrative subpoenas; the results of physical and

electronic surveillance conducted by law enforcement agents; independent investigation

and analysis by FBI agents/analysts and computer forensic professionals; and my

experience, training and background as a Special Agent with the FBI.

5. This affidavit is submitted in support of a criminal complaint charging

Jason Sherod Baldwin, with violating 18 U.S.C. §§ 2252A(a)(2)(A), Receipt of Child

Pornography. There is probable cause to believe that beginning on or about October

29, 2019, and continuing through January I, 2020, in the Northern District of Texas,

Jason Sherod Baldwin committed the offense of receiving child pornography, in

violation of 18 U.S.C. §§ 2252A(a)(2)(A).

OVERVIEW OF INVESTIGATION

A. Background of Investigation

6. On or about July 21, 2020, your Affiant received inf01mation from FBI

Philadelphia regarding "A. B." a convicted sex offender who was arrested on January

30, 2020, at his residence in Philadelphia, PA, in conjunction with the execution of a

federal search warrant. A.B. was advertising child pornography files for sale through
2

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his various social media accounts on platforms such as Twitter 1 and Tumblr. 2 A.B.

directed other users to his MediaLab, Inc., Kile Messenger3 (hereinafter, "Kik")

account if these users were interested in purchasing child pornography files.

7. When another user messaged A.B. via Kik, A.B. sent the user a Mega4

link containing a preview fol der5 of video files depicting child pornography that A.B.

had available for sale. When a user made their selection of files to purchase,

messages were exchanged between A.B. and the user with A.B. ultimately providing

the user with the total cost of the file(s) the user wished to purchase.

8. For those users that messaged their desire to purchase child

pornography files, A.B. advised he accepted payment via the platforms Paypal6 or

Google Pay7 and A.B. provided his account information for the payment. Once the

user confumed their payment to A.B., by either sending a message or often by

1
Twitter is an American microblogging and social networking service on which users post and interact with
messages known as "tweets". Registered users can post, like, and retweet tweets, but unregistered users can only
read tweets.
2 Tumblr is an American microblogging and social networking website. The service allows users to post

multimedia and other content to a short-form blog. Users can follow other users' biogs. Bloggers can also make
their biogs private.
3 Kik Messenger is a free instant messaging mobile application designed and previously owned by Kik

Interactive, Inc., which was recently pw·chased in or about October 2019 by MediaLab, Inc., a U.S. based
Technology Company headquartered in California. Kik Messenger uses the Internet to allow users to send and
receive instant messages, photos and videos.
4
Tam aware that ''Mega" is a cloud-storage file hosting service that is based in New Zealand.
5 The preview folder contained screenshots of the files being offered for sale with text superimposed over each
screenshot providing the name of the file, the length of the video file, and the cost to purchase the file.
Oftentimes, the preview screenshot itself depicted child pornography.
6
Pay Pal Holdings, Inc. is an American company operating a worldwide on line payments system that supports
online money transfers and serves as an electronic alternative to traditional paper methods like checks and
money orders.
7
Google Pay, previously known as Google Wallet, is a peer-to-peer payment se1vice that allows people to send
and receive money from a mobile device or desktop computer at no cost to either sender or receiver.
3

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 Case 3:20-mj-00782-BN Document 1 Filed 07/29/20 Page 5 of 20 PageID 5

sending a screenshot of the payment confirmation, A.B. then sent the user the files

purchased via a Mega link. 8

9. Subsequent to the execution of the search wall'ant by FBI Philadelphia,

a review of the electronic evidence seized from A.B. 's residence was conducted.

Investigators located Kik communications between A.B. and others from in or around

September 2019 and continuing through the date of his arrest. Kik communications

between A.B. and other Kil{ users who purchased child pornography files were parsed

out for further investigation. FBI Philadelphia obtained records from Paypal and

Google Pay for A.B. 's accounts, as well as for the accounts of the other users who

purchased child pornography files from A.B.

10. Additionally, FBI Philadelphia corresponded with the New Zealand

Department of Internal Affairs (NZDIA) regarding the Mega links sent or received by

A.B. Specifically, the NZDIA was provided with a list of over 250 Mega links

associated with their investigation of A.B., as well as multiple electronic mail

accounts associated with A.B. 's access to his Mega accounts. The NZDIA

investigator electronically provided FBI Philadelphia with the requested files and

advised that if the Mega link remained a valid link the contents of that link and other

8 To combat the proliferation of child pornography on its platform, the Kik Trust and Safety Team uses a third-
pa1ty company to review profile pictures that are uploaded by users and groups. Kik also uses PhotoDNA to
compare user-uploaded files against a database of known child pornography files that are in circulation. Any
files that are flagged and reported by the third-party company or PhotoDNA software are subsequently viewed
by a member of the Kik Trust and Safety Team. Any material determined by Kik to be exploitative, the Kik user
is reported to the National Center for Missing and Exploited Children via a CyberTipline referral. Based upon
your Affiant's training and experience, some Kik users share exploitative files via links instead of uploading the
file directly in the Kik application in an attempt to avoid detection.
4

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 Case 3:20-mj-00782-BN Document 1 Filed 07/29/20 Page 6 of 20 PageID 6

relevant records were provided. Thereafter, FBI Philadelphia applied for and

obtained a federal search warrant authorizing FBI Philadelphia to review the contents

of the records provided by the NZDIA.

B. Criminal Activity Conducted by Kik user "Kpalin09"

11. From FBI Philadelphia's analysis of A.B. 's records, Kik user

"Kpalin09" was subsequently identified as an individual who communicated with and

purchased files depicting child pornography at various dates and times from A.B.

between on or about October 29, 2019, tlu·ough on or about Januruy 1, 2020.

12. Specifically, on or about October 29, 2019, Kik user "Kpalin09" sent a

message to the Kik account utilized by A.B. asking, "Can I buy?" Several hours later,

A.B. responded, "Ok I sell links to videos Google Pay or PayPal accepted. Let me

know if you have either. A preview folder is provided before buying." Later,

"Kpalin09" messaged A.B. indicating that he had a PayPal account and thereafter

A.B. shared a link to a preview folder. Less than an hour after receiving the link,

"Kpalin09" responded, "chocolate video game More than friends [Redacted9] cuties

black boy dream."

13. A short time later, A.B. messaged asking "Kpalin09" if he was ready to

order the links. Immediately "Kpalin09" replied affirmatively. A.B. confirmed his

PayPal account info1mation and advised that the links to the videos would be sent as

9 For the files names discussed between A.B. and "kpalin09", these names are known to law enforcement and
included in the records provided by FBI Philadelphia, however they have been redacted throughout this
affidavit to protect the identity of a possible victim.
5

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 Case 3:20-mj-00782-BN Document 1 Filed 07/29/20 Page 7 of 20 PageID 7

soon as A.B. received payment. "Kpalin09" asked the cost of the files and A.B.

advised the total was $27.00 for the four video files. Minutes later, "Kpalin09''

messaged that the funds had been sent. A.B. then sent a series of messages with four

messages including the Mega link10 and each subsequent message the c01Tesponding

name of the video file purchased.

14. Then, between on or about November 7, 2019, and continuing tln·ough

November 10, 2019, "Kpalin09" reached out to A.B. inquiring if A.B. had "new

stuff?" On November 10, 2019, "Kpalin09" sent the message~ " [Redacted].': Later

that evening, A.B. replied providing the price of $13.00 for the file. A.B. also shared

a link with an updated preview folder. Later in the evening of November 10, 2019,

and into the morning of November 11, 2019, "Kpalin09" sent a series of messages

asking, "ready," followed by,"?," and lastly, "[Redactedr is all I want m(right

now).'' After encountering some issues with payment, "Kpalin09" confirmed funds

were sent to A.B. via PayPal. A short time later, A.B. sent "Kpalin09" a Mega link

followed by anotl1er message stating, "[Redacted]."

15. The link shared by A.B. and purchased by "Kpalin09" for $13.00 on

November 11, 2019, contained a folder with image files depicting child pornography

involving a minor male. Additionally, two video files were included in the link. One

video file depicted a minor male who undresses, exposes his genitals in a lewd and

10
The files described herein were provided to your A ffiant by FBI Philadelphia subsequent to their receipt of
records from the NZDIA. Some files purchased by "Kpalin09" were not available from the NZDlA as the link
was no longer active.
6

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 Case 3:20-mj-00782-BN Document 1 Filed 07/29/20 Page 8 of 20 PageID 8

lascivious manner, and the video concludes with the minor male masturbating. The

second video file is described below:

File Identifier File Description

2 boysuck.mp4 This video files depicts two minor males with one male
who is standing and wearing only a white robe and the
other is wearing a red shirt. The minor male in the red
shirt is on his knees in front of the other male. The
erect penis of one minor male is penetrating the mouth
of the other minor male.
Based on my u-aining and experience, this image constitutes child pornography, as

defined by 18 U.S.C. § 2256.

16. Again, on or about November 17, 2019, through on or about November

23, 2019, "Kpalin09" sent a series of messages to A.B. inquiring if A.B. had any new

files available. A.B. did not respond to these messages. Approximately two weeks

later, on or about December 7, 2019, "Kpalin09" sent another message stating,

""[Redacted]?" A.B. replied the next day advising "Kpalin09,, of the $5.00 cost for

the requested file and A.B. shared a Mega link with an updated preview folder. A few

hours later, "Kpalin09" sent the message, "My little buddy." A .B. asked if

"Kpalin09', wanted to purchase the file and upon receiving a positive reply A.B.

advised "Kpalin09" the cost was $10.00. "Kpalin09" asked for A.B. ,s PayPal

inf01mation and minutes later he messaged that the funds had been sent. A.B. then

shared the Mega link and followed with a message providing the title of the file

purchased.

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17. Included in this Mega link was one folder of image files and one video

file. The image folder contained over 100 image :files depicting a minor male in

various stages of undress, as well as, image files depicting the lewd and lascivious

display of the genitals of a nude minor male. The video file depicted a minor male

whose pants and unde1wcar are down around his ankles and is wearing a red shirt

pulled up and over his shoulders. The minor male is also wearing a large gold tone

chain with a gold tone medallion around bis neck. The video file is described below

in more detail:

File Identifier File Description

My lil buddy 13 min vers.mp4 This video file depicts the minor male described above
standing with his arms at his side. The hand of an
adult male comes into view and fondles the erect penis
of the minor male. The video transitions to the adult
male fondling the genitals of the minor in front of a
brown couch. The minor male sits on the couch as the
adult male adjusts the camera before moving to the
couch. The adult male then pulls the legs of the minor
male up and apait and positions him closer to the edge
of the couch. The adult male positions himself
between the legs of the minor male. The head of the
adult male can then be observed moving up and down,
however the minor male is barely visible in the screen.
Later, the adult male repositions the minor male where
it can be observed in the video the erect penis of the
minor male penetrating the mouth of the adult male.
Based on my training and experience, this image constitutes child pornography, as

defined by 18 U.S.C. § 2256.

18. Approximately one week later, on or about December 14, 2019,

"Kpalin09,, again messaged A.B. asking, "Can I buy?" Following the receipt of a

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 Case 3:20-mj-00782-BN Document 1 Filed 07/29/20 Page 10 of 20 PageID 10

message in which A.B. shared an updated preview folder, "Kpalin09" sent two

messages stating, "[Redacted] and Friends,'' and then, "Teen getting pounded."

Minutes later A.B. sent a message asking "Kpalin09" if he was ready to send

payment. However, this transaction was not completed on this date as A.B. and

"Kpalin09" appeared to miss one another in their message exchanges over the next

three days.

19. On or about December 18, 2019, subsequent to receiving a message

from A.B. advising the two video files requested would cost $7.00 and $5.00,

respectively, "Kpalin09" immediately confirmed that payment had been sent. In less

than ten minutes, "Kpalin09'' received the Mega links to each video file followed by

messages with the title of the file purchased. One of the videos purchased by

"Kpalin09" is described below:

File Identifier File Descriotion

Freaky "[Redacted]" and This video files depicts a minor male in various scenes
Friends.mp4 involving full nudity /undresses to full nudity where his
genitals are exposed in a lewd and lascivious manner.
The video transitions to the same nude minor male as
he inserts a pen into is anus and exposes his anus and
genitals in a lewd and luscious manner. As the video
continues, two different nude minor males are depicted
who are masturbating and then fondle one another.
Lastly, the video returns to depict the original nude
minor male who is lying on his back on a bed. The
minor male penetrates his own mouth with his erect
penis and then masturbates.
Based on my training and experience, this image constitutes child pornography, as

defined by 18 U.S.C. § 2256.

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 Case 3:20-mj-00782-BN Document 1 Filed 07/29/20 Page 11 of 20 PageID 11

20. Later the same evening, "Kpalin09" requested to purchase an additional

video file titled "[Redacted]." After he submitted the payment for this file "Kpalin09"

asked if A.B. bad any similar files available for sale. A.B. was unsure if he had

anything similar but told "Kpalin09" he would conduct a search and get back to him.

The next day "Kpalin09" messaged asking if A.B. had found similar video files,

however A.B. did not respond to this message.

21. Thereafter, on or about December 22, 2019, and late in the evening on

or about December 25, 2019, "Kpalin09" reached out to A.B. inquiring if A.B. had

new files available for purchase. A.B. did not respond until on or about January 1,

2020. A.B. sent an updated preview folder containing files depicting "boys" and sent

a second preview folder with files depicting "girls."

22. Not long after receiving the two preview folders, "Kpalin09" requested

to purchase the following files: "Boy girl fun," "Dreds and friend," and "Nitro Pack

3." A few hours later, A.B. apologized for the delay and asked if "Kpalin09': wanted

to purchase the files. A.B. confitn1ed the price of the tlu·ee files was $31.00. After

"Kpalin09" sent a message advising the payment had been sent, A.B. sent a series of

messages containing the Mega links followed by the title of each associated video file.

23. The folder referenced by both A.Band "Kpalin09" as "Nitro Pack 3" in

their communjcations is correctly titled "Niyro Pack 3". This folder contained seven

video files. Each video file depicted child pornography involving minor males. One

of the seven video files purchased by "Kpalin09" is described below:

10

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 Case 3:20-mj-00782-BN Document 1 Filed 07/29/20 Page 12 of 20 PageID 12

File Identifier File Description

You Do Me Re.mp4 This video files depicts two minor males. One minor
male is nude and the other minor male is wearing a red
and white striped shut and is nude from the waist down
(he removes the shht as the video continues). Both
boys use one hand to masturbate one another. The boys
then take tums performing oral sex on one another.
Based on my training and experience, this image constitutes child pomography, as

defined by 18 U.S.C. § 2256.

C. Identification of Kik user "Kpalin09"

24. An analysis of A.B. 's PayPal records for the dates/times that

"Kpalin09" messaged that he submitted payment to A.B. showed the email address

associated with each transaction was "jbaldwin09@yahoo.com." On or about April

24, 2020, FBI Philadelphia issued an administrative subpoena to Yahoo! (Oath

Holding, Inc.), and PayPal, Inc., requesting subscriber information and IP address

histo1y associated with the user account "jbaldwin09@yahoo.com." A representative

from Yahoo!/Oath Holding, Inc., responded to the request for records providing the

following subscriber information and IP address information from September 3, 2019,

through April 14, 2020:

Login ID: jbaldwin09

Full Name: Jason Baldwin (hereinafter, "Baldwin")
Phone: 214/213-0756 (Unverified)
Phone: 214/455-9083 (Verified)
IP History (Relevant to Investigation): 173.172.137.50; 66. 10.206.105;
192.48.101.3

25. Fwther, on or about May 4, 2020, a representative from PayPal, Inc.,

responded to the request for records providing the following subscriber infonnation:
11

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Name: Jason Baldwin

Email: jbaldwin09@yahoo.com
Phone: 214/455-9083 (Confirmed)
Address: 11600 Welch Road CDC, Dallas, TX 75229
Address: 8707 Ferndale Road, Apt. 110, Dallas, TX 75238

26. An Internet search of address 11600 Welch Road, Dallas, TX, listed

above resolved to The Hockaday School, Dallas, Dallas County, TX 75229. Their

website described The Hockaday School as a college preparatory school for girls. A

search of faculty and staff on their website shows a "Jason Baldwin" employed in

child development. A Linkedln page was located for "Jason Baldwin" that shows he

is employed as "Ann Graves CDC Cun·iculum Coordinator at The Hockaday School"

in the Dallas/Fo1t Wo1th area and has beeri employed with The Hockaday School for

over six years. A publically available database search conducted on IP address

192.48.101.3, which, as discussed above, was associated with

jbaldwin09@yahoo.com, showed that this IP address resolved back to Hockaday .org

in Dallas, TX.

27. As a part of their investigation, on or about May 4, 2020, FBI

Philadelphia issued an administrative subpoena to MediaLab, Inc./Kik requesting

subscriber information and IP address history associated with Kile user "Kpalin09."

On or about June 3, 2020, a representative from MediaLab, Inc./Kik.responded to the

request for records providing the account email address of"kpalin09@yahoo.com"

and IP address information from September 1, 2019, through June 1, 2020. The most

recent IP address used to access Kile account "Kpalin09'' was 66.10.206.105 on or

12

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about June 1, 2020. This IP address was also used to access this Kik account during

the time Kik user "Kpalin09'' purchased video files depicting child pornography from

A.B. between November 2019 and January 2020. Prior to November 2019, IP

address 173.172.137.50 was regularly used to access this account. The IP address that

resolved to Hockaday.org was observed in the Kile records between September 2019

and December 2019.

28. Also on or about May 4, 2020, FBI Philadelphia issued an

administrative subpoena to Charter/Spectrum Communications to identify the

individual assigned to IP address 173.172.137.50 on October 28, 2019, at 20:21 UTC.

On May 11, 2020, a representative of Charter/Spectmm Communications responded

to the request for records and provided info1mation that during the date and time

requested, IP Address 173.172.137.50 was assigned to an account registered to the

following individual:

Subscriber Name: Jason Baldwin

Subscriber Address: 8707 Ferndale Road, Apt. 110, Dallas, TX 75238
Lease Info: Start: 6/11/2019 End: 10/31/2019
Phone:214-455-9083
Email: jbaldwin09@yahoo.com

29. Subsequently, on or about June 22, 2020, FBI Philadelphia issued an

administrative subpoena to AT&T Internet Services, to identify the individual

assigned to IP address 66.10.206.105 on November 12, 2019, at 2:11 UTC, one date

"Kpalin09" purchased files from A.B., and on June 1, 2020, the most current IP

address associated with the "Kpalin09" Kile account. On or about June 23, 2020, a

13

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representative from AT&T responded to the request for records and provided

information that during the dates and time requested, IP Address 66.10.206.105 was

assigned to an account registered to the following individual:

Subscriber Name: Jason Baldwin

Address on 6.1.2020: 7700 Greenway Blvd., Apt. M203, Dallas, TX 75209
Address on 11.11.2019: 7700 Greenway Blvd., Apt. M203, Dallas, TX 75209
Email: jbaldwin09@yahoo.com

30. The inf01mation contained in the records from PayPal, Inc.,

Yahoo!/Oath Holding, Inc., K.ik/MediaLab, Inc., Charter/SpectJ.um Communications,

and AT&T Intemet Services link Jason Sherod Baldwin, date of birth September 9,

1991, residing at 7700 Greenway Blvd., Apt. M203, Dallas, TX 75209, as the user

behind the online illegal activity ofKik user "Kpalin09."

31. Specifically, Baldwin purchased files depicting child pornography from

A.B. on or about October 29, 2019, November 11, 2019, December 8, 2019,

December 18, 2019, and January 1, 2020. The current IP address associated with the

user of the Kile account "Kpalin09" on June 1, 2020, IP address 66.10.206.105, was

registered to Baldwin at 7700 Greenway Blvd., Apt. M203, Dallas, TX 75209, and

has been since in or around November 2019.

32. Additionally, the IP address, 173.172.137.50, used to access the

"Kpalin09'' Kik account between September 2019 and October 2019 resolved to

Baldwin's prior home address as listed on his Texas driver's license, 8707 Femdale

Road, Apt. 110, Dallas, TX 75238, and on the records return from PayPal, fuc.

14

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Baldwin appears to have moved residences within the timeframe he couununicated

with and purchased child pomography files from A.B.

33. Also, Baldwin's address of employment, The Hockaday School, 11600

Welch Road, Dallas, TX 75229, is associated with the records retum from Baldwin's

PayPal account, of which, was used to pay A.B. $27.00 on October 29, 2019, $13.00

on November 11, 2019, $10.00 on December 8, 2019, $12.00 on December 18, 2019,

and $31.00 on Januaiy 1, 2020. The dates and dollai· amounts all conespond with the

purchase price for the files Baldwin requested to purchase from A.B. and detailed in

their Kik communications.

34. Further, the email address registered with Yahoo!/Oath Holding, Inc.,

jbaldwin09@yahoo.com, is the same email address associated with Baldwin's AT&T

account. The telephone number, 214-455-9083, also associated with Yahoo!/Oath

Holding, Inc., is the same telephone number associated with Baldwin's PayPal

account. Both the email address and phone number are also associated with Baldwin's

previous Internet Service Provider (ISP), Charter/Spectmm Communications.

Database records show this number is a Sprint Spectrum telephone number registered

to Baldwin at 7700 Greenway Blvd., Apt. M203, Dallas, TX 75209.

D. Execution of Search Wanant & Arrest of Jason Baldwin

35. Based on the foregoing, your Affiant applied for a search Wat.Tant for

Baldwin's residence, 7700 Greenway Blvd., Apt. M203, Dallas, Dallas County, TX

75209. On July 27, 2020, the Honorable David L. Horan, United States Magistrate
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Judge for the Northem District of Texas, authorized a federal search warrant for that

address. On July 29, 2020, your Affiant and other members oflaw enforcement

executed the federal search wanant at Baldwin's residence. Baldwin was the sole

occupant of the premises when the search wanant was executed.

36. While the residence was being searched, Baldwin agreed to speak to

with investigators. Baldwin was advised of his Miranda warning which Baldwin

acknowledged his understanding and agreed to speak with investigators.

37. Dming the subsequent conversation, Baldwin confumed that he is the

user of the Kile Messenger account "kpalin09," which was used to transfer funds to

another individual to purchases files depicting child pomogrnphy. Baldwin admitted

to using a cash application and PayPal to pay for video files he obtained via Mega

links.

38. Baldwin info1med investigators that "hundreds" of images and videos of

child pomography would be located on one of two cellular telephones located in his

residence. Baldwin has a stated sexual preference for males approximately 13 to 14

years of age, however he told investigators that they would find child pornography

depicting both minor males and females in his collection.

39. Baldwin has been viewing child pornography for approximately eight

years. Baldwin advised your affiant that he masturbated yesterday to a video

depicting a minor male, approximately 14-years-old performing oral sex on an adult

male.
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40. Recently, Baldwin utilized the application Telegram to obtain child

pornography files, however his Telegram account was shut down this past weekend.

Previous, Baldwin used Kik and other applications to obtain child pornography.

Baldwin believed he learned of the Telegram application through conversations with

another user on either Kik or possibly Tumblr.

41 . While speaking with investigators, Baldwin was shown screenshots of

video files of which he purchased from A.B. Baldwin recognized some of the minor

males depicted in the screenshots but did not believe these video files would be found

on his device as he has deleted child pornography files from his device in the past.

The video file Baldwin recognized is described in paragraph 19 above. Baldwin

admitted he has an addiction to child pornography and told investigators this is not

something he could share with his friends.

42. I am aware that Apple iPhones are not manufactured in the State of

Texas; therefore, the Apple iPhone X that Baldwin used to receive video/image files

depicting child pornography and to possess child pornography images and videos

traveled in and affecting interstate and foreign commerce. Moreover, I am aware that

the Internet is a means and facility of interstate and foreign commerce. Accordingly,

third party messenger applications, such as Kik and Telegram, utilize the Internet, a

means and facility of interstate commerce, to send and receive messages.

43. Concm1·ent with your Affiant's interview of Baldwin, law enforcement

conducted on-scene forensic preview of Baldwin's Apple iPhone X. The following is

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a description of a video file observed by your Affiant that was discovered on

Baldwin's Apple iPhone X:

File Name File Description

Unknown File Name. First This video file depicts a nude minor male who is lying
Video in Baldwin's gallery down with his back up against another nude male. The
erect penis of one nude male is penetrating the anus of
dated July 31, 2016.
the other nude minor male.

44. Baldwin viewed this video file in the presence of your Affiant and he

estimated the age of the minor male depicted in the video file is approximately 14-

years-old.

45. Based on my training and experience, the above video file constitutes

child pomography, as defined by 18 U.S.C. 2256(8). In reviewing other files on

Baldwin's Apple iPhone X, I observed a number of videos files depicting the sexual

exploitation of children.

CONCLUSION

46. Based upon the aforementioned facts, your Affiant respectfully submits

there is probable cause to believe that on or about October 29, 2019, and continuing

through January 1, 2020, in the Northem District of Texas, Jason Sherod Baldwin

knowingly used his Apple iPhone X, the Internet and a third party messaging

application to commit the offense of Receipt of Child Pornography, in violation of 18

U.S.C. § 2252A(a)(2)(A).

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