12.30.07

In support of mandatory sentences and community notifications

Posted in Internet crimes against children at 05:24 by Administrator

Apologists for sex offenders argue that mandatory sentencing, registration and community notification laws are somehow violations of the offenders’ human rights. They argue that labeling someone as a sex offender worthy of lifetime designation and registration is unfair. The arguments of the apologists are senseless.

What were the offenders thinking?
It is unfortunate that registered sex offenders were not considering their futures when they chose to commit the crimes that resulted in their being designated as sex criminals. When criminals make concious choices to offend they also tacitly choose to live with the consequenses. Remember the old saw, “If you can’t do the time, don’t do the crime.”

Registration and notification are reasonable alternatives to lifetime incarceration
Some criminals may consider it overly punitive to be designated as sex offenders for life and thus become subject to community notification laws. The notification laws were created because of tragic past events. A history of sad crimes involving offenders who victimized nearby citizens led to today’s laws. An alternative might be to protect citizens from repeat offenders by imprisoning sex offenders for life. In prison, offenders would have no chance of reoffending. While neither option is perfect, notification laws are reasonable alternatives to lifetime incarceration.

Surprisingly, some offenders agree that registration laws are a good thing. According to a July 2007 study conducted by Tewksbury and Lees (1), registered sex offenders commonly believe that community members who consult their local registry will be vigilant about both watching registrants in their neighborhoods and informing other neighborhood residents about registered sex offenders. The research stated (p. 392): This sentiment is expressed clearly by Preston, a child molester and lifetime registrant: I think it’s a good thing. If my being there and the other people being there will help cut down on the child sex abuse and all that, then it’s a damn good thing. Or, in the more concise statement, Andy, who has been on the registry for 9 months for conviction for more than a dozen counts of sodomy with a 14-year-old boy, states, “I think people should be knowledgeable.”

Assessments are poor indicators of future danger
Polygraph tests and plesthymography are imperfect indicators of either truth or sexual arousal patterns. Pre-sentence assessments that attempt to measure the danger potential of offenders are also inexact. Assessments are unreliable as predictors of future behavior. Many offenders are master manipulators who have spent their lives trying to convince others, including psychologists, that they are trustworthy. Offenders will often appear in court as harmless individuals. Many do not have physical characteristics of agressive threatening individuals. They may appear to be gentle sympathetic persons when in fact they are the opposite.

Don’t weaken the existing laws
Apologists for sex offenders argue that existing laws should be weakened. Before weakening the existing laws policymakers should ask: If the laws are weakened, how many innocent people might be to placed at risk simply because offenders are inconvenienced by existing notification laws?

Until rehabilitation is perfected and recidivism prediction methods are accurate, mandatory sentences and community notification are reasonable alternatives.

Note:
(1) Tewksbury, R. and Lees, M.B. (July 2007). Perceptions of Punishment: How registered sex offenders view registries. Crime & Delinquency. Vol. 53. No. 3. pp. 380-407.

12.28.07

Internet crimes against children: Issues and guidance for 2008

Posted in Internet crimes against children at 20:02 by Administrator

Dr. Frank Kardasz, December 28, 2007

There will be some sad events in 2008 involving Internet crimes against children. I did not need to consult Nostradamus nor Uri Gellar to make the following prognostications: psychic powers were not required. History and deductive reasoning were my mentors. My hope is that most of the following predictions do not occur. Although much of the forecast is troubling, some hope remains. Increased attention to the problem of Internet crimes against children may result in more funding directed towards crime prevention and law enforcement efforts.

Issues and guidance for 2008 – Internet Crimes Against Children

Young Offenders and Victims

1. Using their cell phone cameras, thousands of children and teens will create and trade pornographic images of themselves and others.

What can be done?

- Parents should consider purchasing phones that do not have camera capabilities or disabling the camera features of existing cell phones. Parents should ask themselves, Does my child really need a cell phone with a built-in camera? (1)

- Educate children about the potential problems with their images being trafficked via cell phones and the Internet. (2)

- Schools should consider rules prohibiting cell phone cameras and disciplinary steps for violators. (3)

2. Hundreds of images of minors engaged in sex acts will be posted to various social networking sites by scorned or vindictive teens who have suffered failed relationships with one another.

What can be done?

- Social networking sites should actively review the images posted to their sites in order to identify harmful images and delete improper images as quickly as possible. (4)

- Parents should actively monitor computer use. Some children have two or more social networking web pages. The child uses one page to show their parents that they are only posting harmless information. They have a second page that they use to secretly communicate with the persons whom they contact on the Internet.

- Children should be educated about the potential problems with permitting anyone to take their picture. (5)

Web Sites

3. Craigslist and other web-based advertising services will be used by pimps, prostitutes and human traffickers to facilitate sex with minors.

What can be done?

- Web-based advertising services should closely monitor content posted to their sites. Some users of Craigslist circumvent rules about posting improper text by converting posted items into a jpg format thus escaping the automated text filters designed to stop improper content. (6)

- Law enforcement should make improved proactive efforts to identify offenders and bring them to justice. (7)

4. Alter-ego web sites including Second life or RunEscape will remain popular online meeting places for persons who wish to victimize minors.

What can be done?

- Proprietors of the sites should monitor content and activities more closely to prevent improper use. (8)

- Law enforcement should make improved proactive efforts to identify offenders and bring them to justice. (9)

Facilitators

5. Libraries that fail to filter unlawful images will continue to be popular venues for offenders who traffic child pornography.

What can be done?

- Libraries should filter for improper content and sanction offenders. (10)

- Local governments and taxpayers should demand improved Internet safety in libraries. (11)

6. Businesses and homes that provide unencrypted wireless Internet access to the vicinity will remain popular places for criminals who will secretly use the free services to offend.

What can be done?

- Business and homeowners should educate themselves about the potential problems with providing unencrypted wireless Internet access to the surrounding community. (12)

- Wireless signals should be encrypted using the latest type of protection.

Offenders

7. A man will be arrested for possession of child pornography and the arrest will reveal that he committed several previously unreported contact “hands-on” offenses against a minor.

What can be done?

- Law enforcement should make improved proactive efforts to identify offenders and bring them to justice. (13)

- Parents should carefully select persons with whom to entrust children.

8. A person employed in the information technology industry will be involved in an Internet crime against children.

What can be done?

- Hiring authorities should carefully select personnel and investigate backgrounds thoroughly. (14)

- Pre-employment interviews should include questions regarding the applicants history with images depicting the sexual exploitation of minors (child pornography). (15)

- Business computers should be set to filter unauthorized access by employees and to actively monitor employee use. (16)

- Law enforcement should make improved proactive efforts to identify offenders and bring them to justice. (17)

9. A person in the religious community will be involved in an Internet crime against children.

What can be done?

- Religious leaders should carefully select personnel and investigate backgrounds thoroughly. Violators should be reported to law enforcement.

- Law enforcement should make improved efforts to identify offenders and bring them to justice. (18)

10. An educator will be involved in an Internet crime against children.

What can be done?

- Hiring authorities should carefully select educators and investigate backgrounds thoroughly. Violators should be reported to law enforcement.

- Pre-employment interviews should include questions regarding the applicants’ history with images depicting the sexual exploitation of minors (child pornography).

- Law enforcement should make improved proactive efforts to identify offenders and bring them to justice. (19)

11. A person employed in the justice system will be involved in an Internet crime against children.

What can be done?

- Hiring authorities should carefully select employees and investigate backgrounds thoroughly. Violators should be reported to law enforcement.

- Pre-employment interviews should now include questions regarding the applicants history with images depicting the sexual exploitation of minors (child pornography).

- Computers should be set to filter unauthorized access by employees and to actively monitor employee use.

- Law enforcement should make improved proactive efforts to identify offenders and bring them to justice. (20)

12. An offender accused of an Internet crime against children will commit suicide.

What can be done?

- Offenders should be provided with the appropriate mental health services when there is an indication of self-destructive behavior. (21)

13. An offender accused of an Internet crime against children will commit or attempt to commit “suicide by cop.”

What can be done?

- Law enforcement officers must remain vigilante to the threat from sex offenders who wish to end their own lives.

- Non-lethal weapons may be employed on suicidal persons if it is reasonable and safe to do so.

14. A registered sex offender will be arrested for an Internet crime involving a child. The public will express surprise and outrage that the offender was ever released and wonder why he was not monitored more closely.

What can be done?

- Few offenders can be incarcerated for life and although civil commitment is a possibility, some offenders will re-offend. Citizens should consult with the national or state offender databases for registered sex offenders and remain vigilante to the possible threats. (22)

15. An offender involved in an Internet crime against a child will be arrested. His friends, neighbors and coworkers will be shocked exclaiming, “We never suspected him, he was always so nice around children.”

What can be done?

- Some offenders spend their lives creating a persona of a trustworthy respectable person who can be trusted around children. It should not be a surprise when and offender is identified who was in a position of trust.

Cybervigilantes

16. A “Deathwish” style cybervigilante will take justice into his own hands and kill an Internet sex offender. The incident might not be reported as a cybervigilante killing because it may appear to have a robbery motive or be viewed by investigators as an unexplained random killing.

What can be done?

- Investigators should examine the computer(s) of persons who are the victims of homicides in order to research the persons background and reason for being at the location of the homicide.

Forensics

17. A teen will be reported missing and a forensics examination of the teen’s computer will provide important clues leading to the whereabouts of the missing youth.

What can be done?

- Parents should closely monitor their child’s computer use in order to try to prevent problems. Installing monitoring spy ware on a child’s computer is one option. (23)

Europe and Asia

18. An organization of child pornography traffickers will be identified in an Asian or European country.

What can be done?

- Asian and European countries should continue to work towards stopping the creation and trafficking of child pornography. (24)

- Law enforcement should make improved proactive efforts to identify offenders and bring them to justice.

19. A sex-tourism traveler will be arrested in a foreign country after traveling there for the purpose of having sexual relations with a minor.

What can be done?

- Foreign countries should continue to work towards stopping sex tourism. (25)

- Law enforcement should make improved proactive efforts to identify offenders and bring them to justice.

Statistics

20. The National Incident-Based Reporting System (NIBRS) will continue to be ineffective in capturing statistics specifically related to Internet crimes against children.

What can be done?

- Modifications should be made to the NIBRS system so that statistics specific to Internet crimes against children can be captured. (26)

Law Enforcement Resources

21. The community based policing philosophy, helpful for those who are able to report crimes, will continue to be ineffective in addressing Internet crimes against children, in part because young victims cannot phone the authorities for help. (27)

What can be done?

- Law enforcement administrators should place increased emphasis on the apprehension of Internet sexual predators. There will never be statistics that accurately reflect the problem and the young victims of Internet crimes are unable to report their victimization to authorities.

22. Considerable federal law enforcement resources will be consumed by the war on terror and by illegal immigration issues. Most state and local resources will be consumed by crimes reported from those victims who are able to complain to their local law enforcement agency. Children will remain marginalized because they cannot phone 911.

What can be done?

- Law enforcement should make improved proactive efforts to identify offenders and bring them to justice. (28)

- Child advocacy and human rights groups should continue to work towards making the problems of young victims a government priority. (29)

23. Relatively small groups of law enforcement officers at the federal, state and local levels will continue to attempt to turn a rising tide of Internet crimes against children.

What can be done?

- Law enforcement should continue to make efforts to identify offenders and bring them to justice. (30)

24. The increasingly high number of unsolvable reported Internet crimes against children will demand considerable investigative resources and detract from law enforcements’ ability to instead conduct highly-effective proactive undercover operations.

What can be done?

- Proactive undercover investigations designed to identify luring/enticement suspects and traffickers of child pornography have been very successful. Such efforts should continue. (31)

Politics

25. The U.S. presidential election will dominate politics in 2008. Internet crimes against children will not be considered to be an issue of significance. Children will remain marginalized because children cannot vote.

What can be done?

- Child advocacy and human rights groups should continue to work towards making the problems of young victims a political priority.

- Candidates should recognize that Internet crimes against children are important.

- Campaign platforms should contain specific provisions meant to address the problem of Internet crimes against children.

Courts

26. Unlike narcotics, child pornography is the only form of contraband that is absorbed via the human sense of sight. Judicial rules of discovery demand that evidence be available for review by the defense. Although courts would never require that drugs be duplicated, many judges will order that unlawful images be reproduced so that defense attorneys and offenders can view the images pursuant to antiquated discovery rules.

What can be done?

- Courts should recognize the unique differences between child pornography and other forms of contraband.

- Contraband images depicting the sexual exploitation of minors should not be unnecessarily duplicated.

27. Several judges will complain about mandatory sentencing for Internet sex offenders.

What can be done?

- Judges should receive more training about Internet sex offenders.

Corrections

28. Prisons will remain overcrowded and mandatory sentencing for Internet sex criminals will result in more offenders being incarcerated. Rehabilitation efforts intended to correct deviant sexual behavior will remain largely ineffective.

What can be done?

- More prisons should be built to safely house sex offenders. Continued research should be conducted to attempt to find ways to rehabilitate offenders.

Internet Service Providers

29. Hundreds of investigations into Internet sex crimes will fail because the Internet service providers did not retain subscriber information or failed to expeditiously report subscriber information pursuant to legal process from law enforcement. Consequently, frustrated investigators will be unable to locate and assist many innocent victims.

What can be done?

- Internet service providers should retain subscriber information and respond quickly to legal requests from law enforcement.

Business

30. Hundreds of private businesses will discover employees viewing or trafficking unlawful images while using corporate computers. Many business leaders will not report the incidents to law enforcement because they fear unwanted publicity. The offenders will be quietly fired or permitted to resign.

What can be done?

- Businesses should take proactive means to prevent computer misuse. User agreements, filtering software, and proactive monitoring can prevent and discover problems.

- Business leaders should report Internet sex offenses to law enforcement authorities.

Lawmakers

What can be done?

31. Congress will be unable to pass legislation requiring Internet service providers to preserve data and retain subscriber information. Uninformed detractors will argue against any proposed legislation, incorrectly positing that such laws would facilitate government spying and invade privacy.

- Citizens may contact lawmakers and encourage legislation that requires Internet service providers to retain subscriber information and to quickly respond to legal process from law enforcement. (32)

Hope for 2008

32. On the bright side, legislation is pending that would provide increased funding for the battles against Internet sexual predators and child pornographers. Increased funding will assist in crime prevention and apprehension efforts. (33)

What can be done?

- Citizens may contact lawmakers and encourage increased funding for law enforcement efforts aimed at apprehending offenders and preventing Internet crime. (34)

Dr. Frank Kardasz is a sworn Arizona peace officer who supervises the investigations of Internet crimes against children. Opinions expressed are those of the author and do not represent the policy of any governmental agency. Dr. Kardasz can be contacted by e-mail at: kardasz@kardasz.org


Notes

(1) Lowe, C. (May 16, 2007). Parents weigh consequences of providing kids with cell phones. WRAL.com (web page). Retrieved December 27, 2007 from http://www.wral.com/news/local/story/1419575/

(2) The Ad Council. (March 23, 2007). The Ad Council partners with the U.S. Department of Justice and the National Center for Missing and Exploited Children to help prevent online sexual exploitation. Retrieved December 27, 2007 from http://www.adcouncil.org/newsDetail.aspx?id=192

(3) Walker Junior High School . (n.d.). Cell phone policy. Retrieved December 27, 2007 from http://www.walkerjhs.org/policies/cellphone.jspJohn Rolfe Middle School. (n.d.). Cell phone acceptable use policy. Retrieved December 27, 2007 from http://www.henrico.k12.va.us/MS/Rolfe/CellPhone.html

(4) Goodwin, D. (December 3, 2007). Pedophile gets 110 years in MySpace extortion scheme. Channel Register (web page). San Francisco . Retrieved December 27, 2007 from http://www.channelregister.co.uk/2007/12/03/hacker_gets_110_years/

(5) National Center for Missing and Exploited Children. (2007). Real-life stories: NetSmartz Workshop. (web site). Retrieved December 28, 2007 from http://www.netsmartz.org/resources/reallife.htm

(6) Associated Press. (January 12, 2007). Woman accused of pimping girls on Craigslist. msnbc.com. (web site). Retrieved Deceber 28, 2007 from http://www.msnbc.msn.com/id/16599035/

(7) Maynard, S. (December 18, 2007). Fife targets online sex ads: City cracks down on prostitution. The News Tribume.com (web site). Retrieved December 28, 2007 from http://www.thenewstribune.com/front/topstories/story/232418.html

(8) Lafsky, M. (May 9, 2007). De-incentivizing virtual rape. The New York Times, Opinion, Freakonomics. (web page). Retrieved December 28, 2007 from http://freakonomics.blogs.nytimes.com/2007/05/09/de-incentivizing-virtual-rape/

(9) Bergstein, B. (December 2, 2007). Police begin incorporating online worlds into patrols. NashuaTelegraph.com (web page). Retrieved December 28, 2007 from http://www.nashuatelegraph.com/apps/pbcs.dll/article?AID=/20071202/BUSINESS/312020013/-1/news01

(10) Noyes, D. (November 29, 2007). Porn, sex crimes at libraries. ABC 7 I-Team investigation. (web page). Retrieved December 27, 2007 from http://abclocal.go.com/kgo/story?section=i_team&id=4808374

(11) Zerschling, L. (December 28, 2007). Activist wants filters placed on library computers. Siouxcityjournal.com (web page). Retrieved December 28, 2007 from http://www.siouxcityjournal.com/articles/2007/12/09/news/top/09956c3afe343d86862573ac00109d77.txt

(12) University of Wisconsin Information Technology Services. (2007). Wireless security 101: Threats and solutions. (web page). Retrieved December 28, 2007 from https://www4.uwm.edu/uits/security/practices/wireless_security_101.cfm

(13) Florida Department of Law Enforcement. (November 1, 2007). Internet predators arrested as part of multi-agency “Operation Travelin’ Man”. Retrieved December 28, 2007 from http://www.fdle.state.fl.us/Press_Releases/20071101_predators_arrested.html

(14) AAA InfoSystems. (2007). Background checks: Free online information sources. (web page). Retrieved December 28, 2007 from http://www.aaainfosystems.com/

(15) Kardasz, F. (December 16, 2007). Interview and interrogation questions for Computer related child sexual exploitation suspects. (web page). Retrieved December 28, 2007 from http://interrogation.wikispaces.com/

(16) Internet Filter Software Review. (2007). 2008 Internet filter report. Top ten reviews Inc. Retrieved December 28, 2007 from http://internet-filter-review.toptenreviews.com/

(17) NBC5.com, Chicago. (December 18, 2007). Naperville man accused of having child porn. (web page). Retrieved December 28, 2007 from http://www.nbc5.com/news/14880340/detail.html

(18) Hicks, T. (December 7, 2007). KGO radio host faces child-porn charges. MercuryNews.com (web page). Retrieved December 28, 2007 from http://www.mercurynews.com/news/ci_7658629?nclick_check=1

(19) Associated Press. (December 24, 2007). Lakeland principal arrested on child pornography released on bond. ABC7 news (web site). Retrieved December 28, 2007 from http://www.wwsb.com/Global/story.asp?S=7539580

(20) O’Hare, P. (December 12, 2007). Waging the war on child porn: Prosecutors enlist help to track abusers, halt Web images. Houston Chronicle. (web page). Retrieved December 28, 2007 from http://www.chron.com/CDA/archives/archive.mpl?id=2007_4471058

(21) Zimmerman, N. (December 18, 2007). Gloucester man facing child porn trial kills himself in jail. Dailypress.com (web page). Retrieved December 28, 2007 from http://www.dailypress.com/news/dp-now-jailsuicide.d18,0,5977573.story?coll=dp-breaking-news

(22) Halpin, J. (December 1, 2007). Man (age 62) arrested in sex abuse of 3-year-old. Anchorage Daily News (web page). Retrieved December 28, 2007 from http://dwb.adn.com/news/alaska/crime/story/9527795p-9438612c.html

(23) Clark County Sheriff’s Office (December 7, 2007). Missing teen may have fun off with man he met online. KATU.com (web page). Retrieved December 28, 2007 from http://www.katu.com/news/12273756.html

(24) ABC Radio Australia. (December 14, 2007). China hosts child-sex tourism conference. (web page). Retrieved December 28, 2007 from http://www.radioaustralia.net.au/news/stories/s2119207.htm

(25) U.S. Department of State. (June 14, 2004). Trafficking in persons report. The Office to Monitor and Combat Trafficking in Persons. (web site). Retrieved December 28, 2007 from http://www.state.gov/g/tip/rls/tiprpt/2004/34021.htm

(26) Finkelhor D., and Ormrod, R. (December 2004). Child pornography: Patterns from NIBRS. U.S. Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention. Retrieved December 28, 2007 from http://www.ncjrs.gov/pdffiles1/ojjdp/204911.pdf

(27) Fisher-Stewart, G. (July 2007). Community policing explained: A guide for local governments. U.S. Department of Justice, Office of Community Oriented Policeing Services. Retrieved December 28, 2007 from http://www.cops.usdoj.gov/files/ric/Publications/cp_explained.pdf

(28) Internet Crimes Against Children Task Force Program. (2007). U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention. Retrieved December 28, 2007 from http://www.icactraining.org/

(29) National Association to Protect Children. (2007). (web page). Retrieved December 28, 2007 from http://www.protect.org/

(30) FBI, Innocent Images National Initiative. (2007). (web page). Retrieved December 28, 2007 from http://www.fbi.gov/innocent.htm

(31) Arizona Internet Crimes Against Children Task Force. (July 18, 2007). Six month report: January-June 2007. Retrieved December 28, 2007 from http://azicac.org/docs/icac_report0607.pdf

(32) Needle, D. (December 7, 2007). New bill demands ISP’s report online child exploitation. Internetnews.com Networking. Retrieved December 28, 2007 from http://www.internetnews.com/infra/article.php/3715481

(33) S. 1738 Combating Child Exploitation Act of 2007. (2007) 2007-2008 (110th Congress). Retrieved December 28, 2007 from http://www.govtrack.us/congress/bill.xpd?bill=s110-1738

(34) Usa.gov. (2007). Contact elected officials. (web page). Retrieved December 28, 2007 from http://www.usa.gov/Contact/Elected.shtml

12.16.07

Mandatory sentencing overcomes an uninformed judge

Posted in Internet crimes against children at 22:09 by Administrator

Dr. Kardasz:

The following story from the Savannah Morning News discusses a judge who disagreed with federal mandatory sentencing provisions for a possessor of child pornography. The case highlights the need for judges to be become educated about the implications of unlawful images.

Current research indicates that a significant number of persons who possess unlawful images depicting the sexual exploitation of minors are also contact, “hands-on” offenders. Landmark studies conducted by Dr. Hernandez and Dr. Bourke at the Butner Federal Correctional Facility illuminated the problem. Studies of persons incarcerated for possessing unlawful images at Butner resulted in disclosures and admissions from the prisoners about hundreds of previously unknown hands-on offenses. (see: http://www.iht.com/articles/2007/07/19/america/19sex.php – also – http://www.cultureandmediainstitute.org/articles/2007/20070720125546.aspx)

Some people rationalize unlawful images as “just pictures” and harmless. The images are not “just pictures”. The images are permanent records of terrible crimes.

Judges often have incomplete information when deciding upon sentencing. Presentence reports describing offenders often cannot provide a true evaluation of the person. Many offenders in sex crimes against children have the outward appearance of fine upstanding citizens. Many have spent their entire lives developing an alternate persona in order to present themselves as trustworthy and capable of being trusted around children. The offender in the instant case was, according to the report, a music teacher.

Some Judges need to become better educated about the facts regarding harmful images and about the offenders who use images for sexual gratification.

As for those who created the laws that punish offenders, I am grateful to those legislators responsible for approving mandatory sentencing. Mandatory sentencing overcomes the uninformed opinions of those who marginalize children and ignore the harm caused by unlawful images.

—————————————————–

Teacher gets five years in porn case; judge calls sentence too severe

By Jan Skutch. 12/13/07.

Calling it a “sad day for justice,” a federal judge Wednesday railed against a mandatory sentence he considered too harsh but was forced to impose in a child pornography case. U.S. District Senior Judge William T. Moore Jr. made the comment as he ordered former St. Andrew’s School music teacher Joshua Henry Evans, 25, to prison for five years.

“The facts in this case do not justify the sentence the court is compelled to impose,” Moore said. “Sixty months is a sentence that is much more severe than should be called for in this case.”

Evans pleaded guilty Aug. 6 to a charge of attempted receipt of child pornography over the Internet involving what he believed was a 14-year-old girl.

The judge, who last month became eligible to retire, said he had “anguished” over the case. He postponed sentencing, hoping the U.S. Supreme Court or Congress would give him some leeway, Moore said.

Because the charge carries a mandatory minimum sentence, advisory guidelines giving Moore some discretion were not available.

In court Wednesday, Evans fought back tears. “I made some awful decisions in my past,” the defendant told Moore. “Looking back, I am ashamed of my wrongdoing. I hurt God, my community, my family, my wife, my new daughter and myself. “Your honor, I know I did wrong, and I must face the consequences.” Evans also faced supervised release for life after completing his prison term. However, Moore imposed two years of supervised release for Evans – the minimum that could have been imposed.

Probation officers wanted a 10-year period, a recommendation requested by Assistant U.S. Attorney Julie Wade. Evans’ lawyer, attorney Alex Zipperer III, urged Moore to impose a lesser term.

Moore also ordered Evans to register as a sex offender. And the judge allowed Evans until 2 p.m. Jan. 14 to report to prison. Moore complained that the mandatory minimum sentence required in the case left him “handcuffed.” “If there was any way I could avoid the mandatory minimum in this case, I assure you I would do it,” Moore said. “Something else should have been done in this case, other than a plea resulting in a minimum mandatory.”

Moore, a former U.S. attorney, said the prosecutor’s office is independent and should have told the justice department, “I’m sorry, but I don’t agree with your policy in this case.” He said a more appropriate sentence would have involved “no or very, very little jail time for Mr. Evans. But as long as the mandatory minimum stands as a roadblock, the court is, in effect, handcuffed in this case.”

He noted that Evans used his home computer, not one at the school, and that Evans did not attempt to traffic in or distribute the offensive material.

A counseling center where Evans has undergone treatment reported he did not “fit the typical profile of a sex offender” and said there was “little or no danger of any future activity of this kind by Mr. Evans.”

“This is a sad day for Mr. Evans and for his family,” Moore said. “It’s a sad day for the court, and I think it’s a sad day for justice.”

Retrieved December 16, 2007 from http://www.savannahnow.com/node/414835