Former Ann Arbor real estate broker admits to possessing child pornography
A former Ann Arbor real estate broker accused of sexually assaulting a 13-year-old girl in a Canadian park in 1992 pleaded guilty today to a federal charge of possessing child pornography at his Scio Township home, court records show.
Richard Fabian, 64, made the plea in federal court in Detroit and had been set to go to trial on the charges Nov. 29. He still faces charges in the Canadian case, which is pending.
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Richard Fabian
The indictment, filed in April, accused Fabian of possessing "a computer, computer media and VHS tapes containing still and video images that depict child pornography." Court records say the child pornography dates back more than 20 years and includes still photos he allegedly processed himself, videotapes and other images.
Fabian's attorney, Ray Cassar, could not immediately be reached for comment this evening. But he told the Detroit Free Press Fabian "truly wanted to do the right thing."
“This is something that has been ongoing for two years. It’s been weighing heavily on his mind. He wanted to accept responsibility for his actions, which he did," Cassar told the Free Press.
Fabian, who remains free on $100,000 unsecured bond, will be sentenced March 10 before Judge Robert Cleland. The maximum sentence is 10 years in prison.
The case was investigated by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives and Michigan State Police. ATF Agent Donald Dawkins, a spokesman for the Detroit office, said authorities were satisfied with the guilty plea.
"We felt confident going to trial, but we got what we wanted with the plea," Dawkins said tonight. "We believe he will serve substantial time, as he should."
Authorities said the Canadian case is still pending, and that trial is set for November 2011. If convicted in Canada, he's expected to face 14 to 25 years in prison.
The federal charges in the U.S. were levied after a computer and other media were seized when authorities searched Fabian's home in February 2009 in connection with the case in Canada. Fabian's attorney earlier argued to have the evidence thrown out, saying police didn't have probable cause to search his home, but a judge upheld the search warrant.
Fabian is accused of sexually assaulting a 13-year-old girl in a Canadian park while an accomplice videotaped it more than 17 years ago. He is charged with sexual assault, corrupting morals and sexual interference with a person under 14.
Officials said the video surfaced after police began investigating Clinton resident Gerald Morgan on child pornography charges in 2007. Morgan moved from his home in Lenawee County that year and left a box of items — including pornography — behind, police said. Morgan was sentenced to serve nearly 13 years in prison on convictions for child pornography and being a felon in possession of a firearm.
Police said Fabian sexually assaulted the 13-year-old girl in 1992 while Morgan videotaped it.
Authorities have accused Fabian and Morgan of seeking out their victims at photo shoots, events and public places frequented by female children, dating as far back as the early 1980s. In court documents, Morgan said he and Fabian exchanged pornographic images and videos, including ones of young females taken at topless beaches and resorts. Morgan also told investigators Fabian liked to look into young girls' windows at night, documents state.
Fabian's business, Fabian Realty, was located across from Michigan Stadium, but closed in 2009 after he was charged in Canada.
Court records also show Fabian was twice investigated by police in the past. In 1976, he was accused of exposing himself to three 7-year-old girls in Ann Arbor. And in 1984, he was accused of sending multiple pornographic images of a 12-year-old girl to an undercover Indiana State Police trooper. The federal court documents do not indicate whether he was charged or convicted in those cases.
Comments
123spartyon
Tue, Nov 23, 2010 : 5:21 p.m.
What is worse is that he has two daughters...and his wife allowed this to go on in the home. And the real estate office isn't closed. He is just no longer the broker for the office because his license was revoked. This is a shady family, and karma finally caught up with them.
Kelly
Thu, Nov 18, 2010 : 6:40 p.m.
Although his brokerage closed, is still have to legally obtain lock box combos so he can go into homes that are for sale? A very scary thought for any neighbor of a house for sale.
a2brute?
Wed, Nov 17, 2010 : 8:44 p.m.
the freep got it wrong - he was the assailant; his friend was the videographer.
aajeff
Wed, Nov 17, 2010 : 7:36 p.m.
If you check out the link to the Free Press article, the reporter says the charges in Canada are related to him being the photographer during the assault. According to previous press reports, attributed to the Canadian police, Fabian is charged as the one assaulting the teenager. What I can't figure out is how this guy has escaped prison time for this long and is still in the community. Especially with charges as serious as this! And the Canadian trial is still one year away?
a2brute?
Wed, Nov 17, 2010 : 6:04 p.m.
@John of Saline - believe me, his neighbors are on alert and watching his every move in that big yellow Hummer he drives.
a2brute?
Wed, Nov 17, 2010 : 5:46 p.m.
This article leaves out a couple of things, but the most glaring omission is what the police found in Fabian's home and office when the search warrant was executed in February 2009 - "up to one million still images and over 300 movie files depicting the sexual assault and exploitation of minors." (This comes from the federal court's decision denying the motion to supress this evidence.) Fabian held onto his "library" long after he was charged with the Canada rape, and he entered his plea only because the court denied his motion to supress. Plenty chilling.
Carl Duncan
Wed, Nov 17, 2010 : 2:33 p.m.
The chump isn't worth two cases of Labatts and a few hockey sticks.
John of Saline
Wed, Nov 17, 2010 : 2:22 p.m.
Fabian, who remains free on $100,000 unsecured bond, "Unsecured"? What does that mean, exactly? I sure hope this doesn't mean that there's no actual bond. This guy is both a flight risk and a potential suicide risk, not to mention a risk to children. Why isn't he spending the time between now and sentencing at the nice federal facility in Milan?
AlwaysLate
Wed, Nov 17, 2010 : 12:26 p.m.
Trade him to Canada for a couple of cases of Labatt's and a few hockey sticks...and call it even.
Elaine F. Owsley
Wed, Nov 17, 2010 : 9:21 a.m.
Can't we just send him to Canada and let them pay to feed and house him for the next decade or two?
Silly Sally
Wed, Nov 17, 2010 : 9:21 a.m.
"female children"? Isn't a better word the noun "girls"? How silly of this author! He is only charged with possession? Why not producing it? Is it because it happened in Canada? I hope that after his sentence is completed, he is then sent to Canada to be convicted of the worse half of his crimes.
Gorc
Wed, Nov 17, 2010 : 8:33 a.m.
As I continued reading this article I had trouble finishing it....I was creeped out.
jondhall
Wed, Nov 17, 2010 : 7:53 a.m.
Mr Fabian needs to go to a very special place "prison" they will take good care of him there I'm sure. There he can play with someone more his own size!
RJA
Wed, Nov 17, 2010 : 2:21 a.m.
Weird and sick, these guys come from all walks of life. It is so sad that dhildren are the victims.
Marshall Applewhite
Tue, Nov 16, 2010 : 11:43 p.m.
All in all, this is a very weird story.