Nicholas Morgan-Derosier
FARGO (KFGO) – A man accused of possession and distribution of child pornography – whose case has gained additional public scrutiny due to his connections to powerful North Dakota state senator – has pleaded guilty to seven counts in the case.
Nicholas Morgan Derosier first came under scrutiny by investigators in September of 2020, when a search warrant was served on his Grand Forks home in another matter. After several electronic devices and external hard- and thumb-drives were seized and searched, investigators filed for a second warrant for child pornography and discovered thousands of graphic videos and images of children, primarily boys between the ages of four and 15. Prosecutors say 48 children have been identified by investigators in the materials, but that number was likely to go up.
Derosier’s case garnered extra attention in the state after it was revealed last April that he was communicating by text message from jail with Ray Holmberg, who was North Dakota’s longest-serving state Senator – and one of its most powerful – at the time. The alleged connection with Derosier led to Holmberg’s resignation from office. Holmberg’s home in Grand Forks was also searched by federal agents last year, but it was unclear if the search was related to Derosier’s case.
Derosier plead guilty to seven of the ten federal charges filed against him – one for the receipt and distribution of child pornography and six others for possession of child pornography. Derosier’s attorney, public defender Chris Bellmore, made clear in federal court Friday that his client’s plea was a conditional one, pending the outcome of Derosier’s possible appeal of the denial of a motion to suppress he filed earlier this year. Derosier’s attorneys argued in May that key evidence in the case should be thrown out because it was discovered during the service of a search warrant in the unrelated construction fraud case. The court denied the motion last month. Derosier would have the right to withdraw his guilty plea in the case should that ruling be overturned.
Chief Judge Peter Welte designated January 19, 2024 for Derosier’s sentencing.
Under federal sentencing guidelines, crimes are assigned a level based on seriousness, ranging from 1-43. While the base level for Derosier’s offenses under federal sentencing guidelines was 22, several upward adjustments were applied due to the material involving prepubescent children, sexual acts that were violent in nature against children, and the large volume of images and videos involved. Prosecutors say Derosier faces a possible sentence of 5-120 years due to statutory caps.
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