Brothel owner to be free while awaiting trial

CHEYENNE, Wyo. -- A federal magistrate on Monday declined a prosecutor's request to jail the owner of a Nevada brothel who's accused of possessing and transporting child pornography in Wyoming.

U.S. Magistrate William Beaman ordered David Burgess, 55, to remain free on bail pending his scheduled Feb. 4 trial in Wyoming.

Jim Anderson, assistant U.S. attorney, urged Beaman to jail Burgess pending trial, emphasizing that Burgess is a leader of the Nevada chapter of the Hells Angels motorcycle gang.

Burgess is charged with possession and interstate transportation of child pornography and faces up to 30 years in prison if convicted of both counts, according to court records. Burgess pleaded not guilty to both counts Monday.

Anderson also said Burgess has no ties to Wyoming and makes a living running a brothel, an "unsavory" occupation.

But James Barrett, an assistant federal public defender representing Burgess, prevailed by arguing that Burgess has no criminal history and is within his legal rights to operate a brothel in Nevada and associate with the Hells Angels.