RAPID CITY – The jury trial for a Hot Springs man charged with Attempted Enticement of a Minor, Attempted Enticement of a Minor Using the Internet, and Attempted Receipt of Child Pornography, was to take place July 26, but has been continued for a sixth time and this time, it’s for an extension of about five months to Dec. 6, 2022, in Rapid City federal district court.
Court documents state that the continuance is at the request of the government due to the unavailability of an essential witness. The defendant had no objection to setting a new date.
There are currently three days are being set for the trial and no further continuance will be granted without a showing of extenuating circumstances.
Brian Lynn Spitzer, age 58, was charged on January 12, 2021. He appeared before U.S. Magistrate Judge Daneta Wollmann on January 25, 2021, and pleaded not guilty to the charges. The penalty upon conviction is a mandatory minimum of 15 years up to life in federal prison and/or a $250,000 fine, a mandatory minimum of 5 years up to lifetime supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Spitzer attempting to sexually exploit an undercover law enforcement agent posing as a 14-year-old female. The charges are merely an accusation and Spitzer is presumed innocent until and unless proven guilty.
The investigation is being conducted by the South Dakota Division of Criminal Investigation, the Department of Homeland Security, the Rapid City Police Department, and the Pennington County Sheriff’s Office. Assistant U.S. Attorney Sarah B. Collins is prosecuting the case.
Spitzer was released on conditions pending trial. The original trial date was set for March 30, 2021, but was continued to five times, prior to this latest postponement to December 2022.
Spitzer is being represented in the case by Attorney Ellery Grey with Grey & Eisenbraun Law of Rapid City. U.S. District Judge Jeffrey L. Viken is presiding over the case.