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Tyree held without bond

Teen-sex suspect faces more proceedings here

Wednesday, January 09, 2002

By Rachel Smolkin, Post-Gazette National Bureau

ALEXANDRIA, Va. -- A federal judge yesterday ordered Scott W. Tyree held without bond after hearing testimony that he picked up a 13-year-old Crafton Heights girl to "dominate her in a slave capacity."

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Tyree, the man accused of meeting Alicia Kozakiewicz on the Internet and then taking her across state lines for sex, will now be sent to Pittsburgh for further federal legal proceedings.

U.S. Magistrate Judge Theresa Buchanan made the rulings during a detention hearing for Tyree, 38, who was arrested Friday after federal agents found the girl restrained in the bedroom of his Herndon, Va., home.

At the hearing, FBI Special Agent Jonathan Moeller testified that after his arrest, Tyree told authorities that he picked up a girl in Pittsburgh and brought her back to Virginia to "dominate her in a slave capacity for an indefinite period of time."

Moeller also said that detectives found numerous items in Tyree's basement, including whips, floggers, restraints, pulleys and a metal cage. The items were labeled and hung along the wall.

Tyree cooperated with investigators during his eight-hour interview and referred to his basement as a dungeon, Moeller said.

Assistant U.S. Attorney Jerry Smagala described Tyree as a "predator" and urged the judge not to "let Scott Tyree walk out of this courtroom" and reopen his "torture chamber."

But Jeffrey Zimmerman, Tyree's court-appointed attorney, argued his client should be freed on bond and kept under close supervision, including 24-hour electronic monitoring. He also proposed that Tyree not be given computer access and noted Tyree had no prior involvement with the criminal justice system.

Buchanan, siding with prosecutors, said Tyree "absolutely" is a danger to the community and denied bond.

Tyree wore the same gray T-shirt and black jeans to court yesterday as he did during his initial court appearance Monday. He sat quietly throughout the hearing and did not speak, except to confer with Zimmerman.

U.S. Attorney Mary Beth Buchanan said Tyree will be moved to Pittsburgh sometime before his next court hearing, which is expected to occur within the next two weeks.

"We always assumed that the case would be presented in Pittsburgh," attorney Buchanan said.

Although Judge Buchanan initially closed Monday's hearing, attorney Buchanan said she expects any future hearings, including the trial, to occur in open court. The testimony of certain witnesses, however, may take place in closed court.

Attorney Buchanan added that her office is reviewing the sealed court documents and will decide whether to withhold some parts that contain sensitive information because the case involves a minor.

"It is our intent to move to unseal at least some of them," she said.

The U.S. attorney's office has come under pressure from the Pittsburgh Post-Gazette and other news media sources to disclose the criminal complaint and other records pertaining to Tyree's arrest.

Alicia was reported missing on New Year's Day. The FBI, following up on a tip, tracked her to Tyree's townhouse three days later and arrested Tyree at his job at Computer Associates International, a software engineering firm.

Smagala yesterday told Judge Buchanan that Tyree is no longer employed there.

Bob Gordon, a spokesman for Computer Associates, said later Tyree was notified of his dismissal in writing Monday.

"Given the nature of the allegations, we thought it was best for everyone involved that he not come back to the office," Gordon said.

"We've been cooperating with federal authorities ever since we were notified of the incident and will continue to do so."

In a brief conversation outside the family's home yesterday, Charles Kozakiewicz, Alicia's father, said he and his wife would have no comment on the case.

Tyree may stand trial in Virginia on state charges after he completes his federal trial in Pittsburgh, said Sgt. Don Amos of the Herndon, Va., Police Department.

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