Cody Holum, (Carol Bryant, Central Nebraska Today)
GRAND ISLAND – Hall County District Judge Andrew Butler has denied a request to transfer Cody Holum’s case to juvenile court. Butler issued the ruling Feb. 28.
Cody Holum, 17, of Doniphan faces 17 felony charges including human trafficking of a minor, human trafficking, and first-degree sexual assault. Holum originally faced 48 charges, but 31 of those charges were set aside Jan. 30 after his attorney, Deputy Hall County Public
Defender Vicky Kenney, filed a motion to quash numerous charges. Hall County Attorney Marty Klein is prosecuting the case.
A pretrial conference will occur at 11 a.m. March 12. A jury trial will begin at 9 a.m. April 1.
A five-hour hearing occurred Wednesday, Feb. 7, in Hall County District Court concerning a motion to transfer Holum’s case to juvenile court.
Judge Andrew Butler issued a 12-page ruling in the matter. The judge wrote that he considered 15 factors as outlined in state statute concerning whether to transfer Holum’s case to juvenile court. Some of those 15 factors are listed below. The quotations are from the judge’s ruling.
The type of treatment such juvenile would most likely be amenable to. “The Court believes that Mr. Holum could benefit greatly from a treatment program that involves significant counseling,” the judge wrote. “The Court’s major concern is that a term of juvenile probation would last approximately one year based on Mr. Holum’s age. That time period may not be a sufficient time for the rehabilitation that is necessary for Mr. Holum and is not a significant amount of time for the crimes charged should Mr. Holum be convicted.”
Whether there is evidence that the alleged offense included violence. “Mr. Holum is charged with sexual assaults that are violent crimes,” the judge wrote. ‘Mr. Holum also used the threat of violence to exploit victims, particularly in one situation where he threatened to enter a victim’s home, shoot said victim and the victim’s family unless certain demands were met. Further, Mr. Holum used the threat of humiliation, coercion, fear, and false pretenses to manipulate and exploit many young individuals.”
The motivation for the commission of the offense. “Mr. Holum’s motivation for these offenses may never be known by anyone but himself, but his actions that culminated in these offenses clearly show a desire to control others and Mr. Holum creating a benefit for himself. Mr. Holum used multiple accounts on social media platforms and through email to contact multiple individuals to then exploit them by receiving additional sexually explicit photographs or videos and further engaging in sexual activity with these individuals. Mr. Holum created accounts under other individuals’ names to gain explicit content of these individuals that he then used under a different alias, including posing as an employee of Reddit, which is a popular social media platform. Mr. Holum would then further his ploy by again exploiting these individuals and this time manipulating the victims in additional ways which added to their feelings of fear and humiliation. It is clear to the Court that Mr. Holum has ben practicing and perfecting his ploy for many years and his motivation was simply his own gratification, sexual acts and having the control over another human with the concern of fear and humiliation.”
The age of the juvenile and the ages and circumstances of any others involved in the offense. “Mr. Holum is now 17 years old and will turn 18 years old on March 9, 2024. Mr. Holum is alleged to have committed these crimes while he was between the ages of 14 years old and 17 years old. The victims of these various crimes were between the ages of 14 years old and 19 years old when the crimes occurred.” The judge continued, “Mr. Holum appears to have dedicated significant time and effort to his criminal enterprise in creating benefits for himself. …Mr. Holum went on a sophisticated criminal excursion for several years. Mr. Holum will also be an adult within a short time of this order being filed. …The Court would have significant concern as to whether Mr. Holum may be rehabilitated in such a limited period of time. …Much more time is available for Mr. Holum for rehabilitation and overall services in the District Court than in the Juvenile Court.”
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onsideration of public safety. “Mr. Holum is most definitely a concern for public safety. Mr. Holum has multiple victims that have been seriously exploited over multiple years. Mr. Holum operated a sophisticated criminal enterprise to create sexual benefits for himself. Mr. Holum used humiliation, violence, embarrassment, and threatening behavior to obtain power and control over multiple individuals that allowed him to manipulate them for him to obtain what he desired. Mr. Holum used many forms of technology to proceed with his plans that ultimately affected many individuals and the list of victims may not be complete. This is a factor that the Court has absolutely no reservation in concluding that Mr. Holum is a threat to public safety.”
Consideration of the juvenile’s ability to appreciate the nature and seriousness of his or her conduct. “Mr. Holum’s actions clearly show that he has the ability to appreciate the nature and seriousness of his conduct. …Mr. Holum’s actions constitute much more than an impulse as planning occurred. Mr. Holum was calculated in making sure his desired were met and he obtained additional material from victims that allowed him to continue his exploitation and/or increase the severity of the exploitation. Mr. Holum was not convinced or led to his actions by peer pressure or any other threat as no evidence was presented of such a possibility. …The Court has no reservations that Mr. Holum knows right from wrong. …The Court find that he absolutely knew what he was doing and continued to do so on multiple occasions.”
Whether the best interests of the juvenile and security of the public may require that the juvenile continue in secure detention or under supervision for a period extending beyond his minority. “The security of the public requires secure detention or supervision for a period of time beyond Mr. Holum’s minority. Mr. Holum’s best interest would be rehabilitation. … There is not enough time for the rehabilitation of Mr. Holum in the juvenile court. …Mr. Holum is an extreme threat to the security of the public as he has exploited and harmed many young individuals with the ultimate number of victims still unknown. …The extreme safety threat that Mr. Holum presents to the community clearly outweighs the desire to rehabilitate him in a juvenile court. …Mr. Holum has been sophisticated in his plans to exploit others and the juvenile court is not equipped to aid and monitor Mr. Holum to the level that is needed for Mr. Holum’s own best interest.”
Whether the juvenile has been convicted of or has acknowledged unauthorized use or possession of a firearm. “There is concern about a threat made by Mr. Holum to shoot a victim and the family members of the victim, but any evidence of a firearm beyond that threat is absent from the evidence,” the judge wrote.
Conclusion. “Mr. Holum is on the verge of adulthood and his actions are extremely concerning. Mr. Holum was sophisticated in his attempts and ultimately succeeded in exploiting multiple individuals, all for his own satisfaction and personal gain. …His actions clearly are a threat to public safety, and he absolutely understood and knew what he was doing while contacting the multiple victims. Mr. Holum needs the assistance of a professional, but the Court recognizes that just over a year for rehabilitation is not sufficient for Mr. Holum and a period extending beyond his minority is needed to hopefully rehabilitate Mr. Holum and at a minimum, monitor Mr. Holum to avoid these events repeating. Mr. Holum was calculated in his scheme using many tactics including threats, humiliation, embarrassment, and fabrication to exploit individuals with control and power to satisfy his own desires. These actions are more than just the impulsivity of a juvenile that can be addressed in a juvenile court. Mr. Holum’s actions and the entire situation are more suited to and appropriate for the District Court.”
