Sentencing Child Porn Distributor, Judge Blasts Congress

Blasting Congress and urging the defendant to appeal the sentence, a federal judge sentenced a teenager convicted of distributing child porn on the Internet to ten years in prison July 28. 

"It's a bitter and unfortunate sentence. I wish I could do more for you," U.S. District Judge Gerard Lynch told 19-year-old Jorge L. Pabon Cruz, according to the Associated Press. "With a heavy heart and with a firm conviction that the sentence being imposed is neither just nor the best way to protect society nor the way a humane society should treat a very young person with a terrible problem, I impose the mandatory minimum of 10 years."

Pabon was convicted of distributing thousands of child porn images between September and December 2001, while living in Rochester, the AP said. The newspaper described him as sobbing at his sentencing hearing, pleading for leniency, and had already been subjected to abuse behind bars prior to his sentencing. 

The sentencing came four days after the New Jersey State Supreme Court held that merely downloading child porn isn't the same as actually producing the material, in a sharply-divided 4-3 ruling. But in writing for the majority, Justice Peter Verniero pointed out that, in that case, the state never suggested defendant Kevin Sisler distributed, sold, or displayed his imagery to others. 

Lynch criticized Congress for what he called indiscriminate sentencing that sent someone like Pabon to prison for longer than it would send a convicted child sex abuser or an actual child porn maker, even though the judge acknowledged Congress was within its Constitutional authority to do so. 

"Much as I deplore this sentence as a citizen," Lynch was quoted as telling Pabon, "I cannot say they acted beyond their authority." He had wanted to instruct Pabon's jury that he faced at least ten years if convicted, but the prosecution stopped him by way of a ruling from the U.S. 2nd Circuit Court of Appeals. 

Prosecutors defended the long sentence, saying Pabon had set up software to distribute at least eight thousand child porn images seen by at least 2,800 people, Newsday said. 

Adult Sites Against Child Porn executive director Joan Irvine said her group agrees with Suffolk County District Attorney Thomas Spota, who said child porn may never be entirely eliminated but "we're going to make as big a dent in it in Suffolk as we can." 

"It is horrible that people continue to use technology for such horrific purposes," Irvine said about the Pabon case. "ASACP, its Sponsors, Approved Members and supporters, are part of the group of people that will force these criminals into a corner where the government agencies can apprehend them. I would like to congratulate Suffolk County on their good work."