State drops pornography charges to allow for federal trial

Jyni Ekins

The state of Iowa dropped child pornography charges against former ISU student Jason Lighthall on Monday.

Lighthall was charged with 160 counts – 60 felonies and 100 serious misdemeanors – all involving the sexual exploitation of minors.

Mary Howell-Sirna, assistant Story County Attorney, said dropping the charges was voluntary so they could take it to federal court, because “the sentencing guidelines involve stiffer penalties.”

However, counts 1-60 were dismissed with prejudice, meaning the state could refile them at a later date if federal charges are not brought against him, Howell-Sirna said.

“The nature of the offense and the subject matter were more appropriate for federal court,” Howell-Sirna said.

“If [Lighthall] is convicted in federal court, it’s assured prison time, but wouldn’t be [at the state level] because there are no mandatory minimums for prison.”

Next, Howell-Sirna said Lighthall will be in the custody of federal marshals until he is indicted in federal court.

“Basically the case is just changing jurisdiction,” Howell-Siren said.

Lighthall’s attorney, Paul Scott, said he was not disappointed the case moved to the federal level.

“I’m absolutely fine with the way [the case] has gone,” he said. “I’m infinitely more comfortable in federal court than in Story County.”

U.S. attorney Al Overbaugh of Des Moines predicts a trial or a guilty plea in federal court within the next four months, according to staff reports.

Overbaugh said Lighthall’s case is a federal issue because the acts, which took place over the Internet, involved interstate commerce. When something crosses state lines, as it does with the Internet, it becomes federal jurisdiction.

Scott said Lighthall will be pleading not guilty in the federal case.

“We’re going to try to do the best we can for him, but I don’t know what the outcome will be,” Scott said.

Department of Public Safety officers entered Lighthall’s room in Welch Hall with a search warrant based on the posting in late March, according to staff reports. DPS seized a computer and storage disks.

Lighthall was then arrested May 2 at his parents’ home in Altoona and had been held in Story County jail during the summer.

Officials at the Registrar’s office said Lighthall has not registered for classes this fall, according to staff reports.

Dean of Students Pete Englin declined comment about whether the university took disciplinary action in Lighthall’s case.

Capt. Gene Deisinger said in May that Iowa State has never seen anything similar to this before.