Child porn collector sentenced to 10 years
A self-employed graphics artist has been sentenced to the maximum 10 years in prison for possessing and distributing child pornography.
Circuit Judge Steven Alm ordered Dieter Offerman, 52, on Friday to immediately begin serving his term, rejecting the defense's request for a deferral of his guilty plea.
Offerman, who has no prior record, had pleaded guilty in December to second- and third-degree promotion of child abuse that occurred between February to March 2005.
In sentencing Offerman to the maximum term, Alm said he was "saddened" and "disturbed" at the images he personally viewed and disagreed with the defense's view that there were no victims in this case, said Deputy Attorney General Kristin Izumi-Nittao.
One image Alm said stuck with him was that of an adult male's hand on the thigh of a young child he was sexually assaulting.
Found in Offerman's computer, which was seized during a search of his home, were more than 100 photo and movie files of child pornography, with about 83 files available for others to download. They included six photo files and two movie files found on a CD and DVD, indicating that he was saving and collecting them, Izumi-Nittao said.
The images and movies contained children who were sexually abused, she said.
Offerman's attorney, Victor Bakke, said Alm abused his discretion by being swayed by the contents of the images found on Offerman's computer.
"(Judge) Alm basically looked at the material -- and child pornography by its nature is disgusting to most people -- and was so disgusted by the images he saw that he threw all legal precedent out the window," Bakke said.
He said they intend to appeal and will file a motion asking Alm to reconsider.
Bakke said the court was required to consider what other judges have imposed on defendants charged with similar crimes to avoid disparities in sentences.
He cited last week's decision by Circuit Judge Michael Town, who ordered five years' probation with 60 days in jail for Bendy Sysomboun-Makilan, an Air Force airman convicted of possessing and distributing child pornography.
Both cases are similar in that both were using file sharing software that allowed them to view, download and share pornography with others.