Light sentence given
in child porn conviction

The defendant's background and
his mother's health were
taken into account

By Susan Kreifels
Star-Bulletin

Andrew Balogh grew up in a repressive Catholic family that immigrated to the United States from Hungary in 1956 after the revolution.

He wasn't allowed to mingle with other children and "figure out what was normal behavior."

That, and the fact that Balogh has no criminal record, led U.S. District Judge Helen Gillmor to give him a lighter sentence than requested by the government for downloading up to 1,700 computer images of child pornography.

Yesterday, Gillmor sentenced Balogh, a 37-year-old former television news cameraman, to six months incarceration. She recommended it take place in a community center in Hawaii, like Miller Hale, rather than a federal prison.

"It's clear Mr. Balogh has serious problems ... not treated by the sentencing guidelines," Gillmor said.

The judge said any longer incarceration would be counterproductive and interrupt treatment Balogh is receiving to make him a "productive citizen."

Gillmor also sentenced Balogh, who pleaded guilty to the charge last November, to three years of supervised release and forbid him to be in the presence of children unless another adult is present. Balogh was not fined. Sentencing guidelines for the crime included 15-21 months behind bars.

U.S. Attorney Steven Alm said the lighter sentence would not discourage his office from vigorously pursuing child pornography crimes. "What he did was serious," Alm said. "When people avail themselves of child pornography, they are supporting that business. That business exploits kids."

Balogh was arrested in late 1996 in connection with the federal investigation of James Miller II, an Army warrant officer who was indicted earlier in the year on charges of sending child pornography over the Internet. Miller was sentenced to six months in federal prison and a $6,000 fine.

Balogh's parents attended the sentencing yesterday. His mother, who is highly allergic to chemicals, held rosary beads in one hand and a breathing mask over her mouth and nose. Gillmor cited her poor health as another reason for the lighter sentence.

Balogh said he was pleased with the sentence and never intended to break the law again. "Being put in a jail cell is very motivating," Balogh said. "I don't want to go back." Balogh spent several weeks in jail before being released on a $150,000 signature bail and starting treatment.

Defense attorney Renee Yuen said the sentence was fair and appropriate. "He did not have close peer groups to help him adjust to adult life," Yuen said. "He was not motivated by harming other people."