Nicholas Morgan-Derosier
BY: JEFF BEACH
FARGO (North Dakota Monitor) – A man who pleaded guilty to child pornography charges and is linked to a former North Dakota state senator was ordered to serve 40 years in prison.
Nicholas Morgan-Derosier, 36, was sentenced Thursday in U.S. District Court in Fargo. Chief Judge Peter Welte went beyond the 30-year sentence recommended by prosecutors in the case, in part citing “the need to protect the public.”
Morgan-Derosier, of Grand Forks, pleaded guilty last September to seven criminal charges related to possessing and distributing child pornography.
While Morgan-Derosier was jailed on child porn charges in Grand Forks, he and former Sen. Ray Holmberg exchanged 72 text messages over two days in August of 2021, The Forum of Fargo-Moorhead first reported in April 2022.
Holmberg, a Grand Forks Republican, told The Forum at the time the messages were about patio work Morgan-Derosier did for him. Holmberg, who served in the Legislature for 45 years and was chair of the powerful Senate Appropriations Committee, announced he would step down June 1, 2022.
Holmberg was indicted in October 2023 on federal child sex tourism and child pornography charges. He has pleaded not guilty to the charges and is set to go to trial Sept 9.
Holmberg also gave Morgan-Derosier a ride to Bismarck in October 2020 when Morgan-Derosier had a meeting with the Attorney General’s Office regarding construction fraud allegations, The Forum reported in September 2023. Holmberg’s attorney, Mark Friese, declined to comment at the time.
Prosecutors and defense lawyers in the Morgan-Derosier case were far apart on a recommended sentence.
Assistant U.S. Attorney Jennifer Puhl asked for a sentence of 30 years, at the bottom of the court system’s sentencing guidelines.
She cited the “horrific content” of the pornography, Morgan-Derosier’s online chats about sex with children and trips to have sex with adolescent boys.
Prosecutors said they have identified 11 victims in the case but have not been able to find all the victims among more than 6,000 images of pornography.
Public defender Christopher Bellmore asked for a sentence of 12½ years as “just punishment,” saying that the guidelines were too harsh and similar cases often had a shorter sentence than what the guidelines recommended.
Holmberg’s name did not come up during the sentencing hearing Wednesday and Thursday. The hearing included testimony from two people who said they were abused by Morgan-Derosier, though they were not victims in the charges that led to the guilty plea.
Morgan-Derosier also gave a statement, saying that during his time in the Cass County jail as the case has been prosecuted, he has realized how “disgusting and reprehensible” his crimes were.
After Wednesday’s hearing, Welte chose to delay announcing a sentence until Thursday morning.
Before announcing the sentence, Welte thanked Morgan-Derosier for his statement but felt it did not go far enough.
“I think there is still some deflecting,” Welte said.
He added that he hopes a sex offender treatment program will help Morgan-Derosier.
Welte sentenced Morgan-Derosier to serve the sentence at the Englewood federal prison in Colorado that has a sex offender program.
Welte and Puhl said during the hearing that there likely will be an appeal in the case. Bellmore declined to comment after the sentencing.
Welte cited a broad variety of offenses in Morgan-Derosier’s criminal history, including theft and serial driving offenses, as well as an apparent disregard for rules while the defendant was in the Cass County jail.
Three of 10 counts against Morgan-Derosier were dismissed as part of a plea agreement.
Morgan-Derosier will have to pay $39,000 in restitution. He also will have to register as a sex offender.
There is no opportunity for parole in the federal prison system.
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