The $75,000 cash bail imposed at a Utah man’s arraignment for possessing child pornography will remain in place for now, Suffolk County District Attorney Daniel F. Conley said today.

GRANT D. SMITH (D.O.B. 5/28/64) of Cottonwood Heights sought to have that amount lowered at a bail review in Suffolk Superior Court this afternoon. Wearing orange scrubs, Smith appeared via videolink from the Nashua Street Jail, where he has been held since his arraignment Monday in East Boston District Court.
Smith’s attorney, Patrick Murphy, asked Judge Carol Ball to reduce his bail under Chapter 276, Sect. 58A(7), of the Massachusetts General Laws. That statute allows a defendant held on bail in district court to petition a superior court judge to reduce his or her bail.

Assistant District Attorney David Deakin, chief of Conley’s Family Protection and Sexual Assault Bureau, opposed Smith’s petition on prosecutors’ behalf.

“Based on the facts of the case, additional charges are probable and in fact quite likely,” Deakin told the court, noting that Smith allegedly made statements to Massachusetts State troopers that he “traded” images of “teens” online. The dissemination of child pornography is punishable in Massachusetts by a minimum of 10 and up to 20 years in state prison.

Deakin said Smith’s bail was necessary to ensure his appearance at future court proceedings, revealing that the defendant had travelled to Korea and Malaysia within the last year.

“He has no ties to the Commonwealth,” Deakin said. “His ties to Utah appear to be weakening by the day …. It appears he has as many ties to Korea and Malaysia as he does to Massachusetts.”

A fellow passenger on Smith’s Saturday afternoon flight from Salt Lake City saw him viewing what appeared to be child pornography. That passenger notified the flight crew and a family member, and Massachusetts State Police met Smith upon his arrival at Boston’s Logan International Airport. With his written consent, they viewed his MacBook Pro and recovered images of children believed to be as young as 5 years old in sexual contact with adult men.

Troopers placed Smith under arrest for possession of child pornography, an offense punishable in Massachusetts by up to five years in state prison. A person convicted of that offense must also register as a sex offender.

Ball denied Smith’s petition without prejudice, meaning that he may seek such a review again at a later date. He will return to East Boston District Court on Dec. 27.