On
March 22, 2018, Bertolacci responded to a Craigslist ad
placed by Washington State Patrol Detective Sergeant Carlos
Rodriguez as part of an undercover operation called
"Net Nanny." 1 Report of Proceedings (RP) at 251.
The ad, placed in the "woman looking for man"
section, was titled "Daddy wanted for daughter
FunFamilySecrets ddlg-w4m." Clerk's Papers (CP) at
4. The body of the ad said:
Mommy in need of Daddy for daughter. can you keep a secret??
We can. Discretion needed. Must be patient and no pain. If
you think u [sic] are right for this then reply I am very
selective reply with your name and favorite movie so I know
you are real and not a bot. ddlg. taboo. generous a plus.
CP at 4.
Bertolacci responded to the post:
Hi I don't have a favorite movie but my name is Rich. If
your [sic] still looking for a daddy, let me know and lets
[sic] see if we're both on the same page. I have to agree
with you I am not into any kind of pain, giving or receiving
[sic]. I am WM looking to play with a steady woman. are you
her? If your [sic] real I can give you more info. I would
like the same from you.
CP at 5.
Detective
Kristl Pohl, posing as the "mother" replied
"THis isn't for me this is for my daughters. I was
raised this way by my dad and I'm looking for the same
for my girls. This is very taboo. if this isn't for you
just don't judge please." CP at 5. The following
exchange occurred:
[Bertolacci]: It is not for me to judge. The only thing I
would ask is how old is your daughter?? And is she willing to
do it.
[Mother]: my girls are 12 and 8 and they have experience with
this that they loved. I'm very open with the girls and
tell them everything.
[Bertolacci]: Ok. Is this for a full time daddy or one that
comes and goes as you need him??
[Mother]: I would prefer full time but that is hard to find.
I want them to have some consistency that they trust fully
[Bertolacci]: I understand the full time. It would be better
if they had someone around that they could put their trust
in. So basically your [sic] saying it would be like a
foursome at times???
[Mother]: I wouldn't be involved except to make sure the
girls are safe and having fun. I want them to have their own
special man that's just about them.
[Bertolacci]: . . . Yes iam [sic] still interested but you
will have to tell me how you want it to play out. would you
tell me what county you [sic] in so I know if your [sic] near
or far. Thanks.
[Mother]: we are staying at a place near Port Hadlock. if
your [sic] interested in continueing [sic] this then please
text me 360-209-7235
[Bertolacci]: Yes I am interested otherwise I would not have
written to you again. We are somewhat close to one another. I
am in the Bremerton area. I prefer not to text just yet. I
would like to know you better then we could proceed with the
texting. would you like to meet somewhere??
[Mother]: ok well CL personals got shut down by the Feds so
I'm not sure how long the emails are going to work and it
makes me nervous to keep using.
CP at 89-92.
Bertolacci
gave her his e-mail address and the conversation continued:
[Bertolacci]: Well I think we have the formalities out of the
way. Would you still to [sic] meet. We can meet in your area
if you like.
[Mother]: I'm still not sure what your [sic] interest is
in this yet? not ready to meet you if I don't know
[Bertolacci]: well you mentioned taboo stuff that you said
you wanted to do You were brought up that way. and you wanted
your siblings to experience the same thing. I am hoping I can
help you with that. with out [sic] being to [sic] explicit.
[Mother]: this is for my girls they are 12 and 8. they have
some experience with a man already but he moved and they
really want that again
[Bertolacci]: Well that is why I am still in contact with
you. But if we get together we will have to take is [sic]
slow and easy.
[Mother]: yes of course. they love being taught and have
responded well in the past to slow and gentle and fun
[Bertolacci]: will you be there to show them what to do??
[Mother]: yes of course. I will be there to make sure the
girls are safe and having fun
[Bertolacci]: ok I think were [sic] both on the same page.
[Bertolacci]: It is up to you now if we meet or not. If you
want to know more about me just ask the questions
[Mother]: . . . what would you want to do as their teacher?
[Bertolacci]: [. . .] What would I want to do as their
teacher. First off I would like to get to know them a little
bit. You said they have some experience at this. So first off
I would like to get them comfortable with me. I would teach
them nice feelings giving and receiving.
No pain at all. I don't think there should be any pain
involved. they can try that when they are older. Also to take
their time and enjoy what they are doing. I think it would
help if you told me how much experience they have before hand
[sic]. I am very gentle
[Mother]: that sounds nice
they have both given and received oral. they both play with
toys and have their own vibrators. Mandy the 12 year old has
been partially penetrated but he was a little to [sic] big
and they didnt [sic] push it
[Bertolacci]: Ok so they do have some experience with it.
That makes it a little easier as to what to expect. I think
sex is great if it is done right.
[Mother]: i agree and thats [sic] what I really want them to
learn. If only all first experiences could be good. . . .
They really enjoyed the time they spent leaning [sic] with my
friend before he moved over the summer.
[Bertolacci]: Is Mandy old enough to have an orgasm
[Mother]: yes she can orgasm.
[Bertolacci]: ok Sounds like she is well on her way to being
a young woman
[Bertolacci]: Well Kelly I think I am going to call it a
night. I am going to hit my bed. Let me know what you would
like to do one way or another. Good night
[Mother]: ok hun email me tomorrow if you want to have a
visit
[Bertolacci]: good morning. are you up?? Yes I would like to
have a visit
. . . .
[Mother]: I would like that but we need to discuss rules and
expectations first hun
[Bertolacci]: Yes we need to discuss the rules. I will not
overstep my boundaries You can take my word on that. You let
me know what they are please
[Mother]: rules are no pain no anal and condoms are required
and lube
I wont [sic] send you my address until we agree on a place
for you to go close to my house and then when you send me a
pic to prove your [sic] actually there i will give you my
address.
CP at 94-99.
They
then arranged a time for Bertolacci to drive to Port Haddock
and continued:
[Mother]: [. . .] will you be bringing condoms and lube hun?
I want the girls to know what to expect from you today
[Bertolacci]: Yes I will bring condoms and lube. Please
remember I will be nervous the first time with them. But I
want them to enjoy themselves I guess you told them you have
a friend coming over??
[Mother]: yes of course they know. I tell them everything
they are excited
[Bertolacci]: Well I am a little worked up too. lol
[Bertolacci]: I don't want to sound like a whiner but
good hygiene is a must. for all I will be freshly showered
also please send me the place you want to meet me so I can
put it into the GPS.
CP at 100-01.
They
agreed to meet at the QFC in Port Haddock to have Bertolacci
follow up for additional directions. When Bertolacci arrived
at the QFC, he sent a text message to the detective posing as
the "mother" saying he had arrived. The detective
asked again if he brought condoms and lube, Bertolacci
replied affirmatively and she gave him the address.
Bertolacci arrived at the given address and entered the
house. After a brief conversation with the detective in the
entryway, Bertolacci was arrested. He had condoms, lubricant
gel, and pills for erectile dysfunction in his possession.
Bertolacci
cooperated with law enforcement and consented to a complete
search of his phone, truck, and computers. The State charged
Bertolacci by amended information with attempted rape of a
child in the first degree and attempted rape of a child in
the second degree.
At
trial, Rodriguez testified that ads placed in the
"Casual Encounters" section of Craigslist were
known for being used to arrange "no strings
attached" sexual encounters. 1 RP at 255. He also
testified that the ad used specific words to indicate an
interest in sex with children, including "taboo,"
"family fun," "family secrets," and
"DDLG" which stood for "Daddy...