J
John Robertson
Guest
http://www.marionstar.com/article/20100611/NEWS01/6110313
MARION - A Marion County judge sentenced a local man who had more than a
million files of child pornography to more than 17 years in prison on
Thursday.
Charles A. Vanbuskirk, 39, was caught with the images and videos after
police obtained a search warrant for his home, an investigation that
stemmed from his arrest in Ontario for allegedly groping two young girls
in Richland County retail stores.
"This is an unusual case," Common Pleas Judge William Finnegan said.
"I've never had a case like this. I've given it a lot of thought."
He considered the sentencing memoranda and looked at what other courts
have done, he said, after hearing arguments from the prosecution and
defense.
"There is compelling evidence in this case that this is very serious. It
involved acts between adults and children who were less than 10 years
old," Marion County Assistant Prosecuting Attorney Greg Perry said in
court. "That's about the least detailed as I can put it."
In his years of experience as a prosecutor and other involvement in law
enforcement, Perry said he has been desensitized to such material, but
these images were an exception.
"There is no way you can look at that stuff and not be affected," he
said. "I'm angered and outraged about it."
Though Vanbuskirk pleaded guilty to 50 charges, prosecutors said he
could have been charged with hundreds or thousands of counts based on
the evidence.
"I don't think he wants to be that way, but I don't think he can help
it," Perry said.
In an interview with police after his arrest, Vanbuskirk admitted to a
sexual incident in the mid 1990s when he allowed a 4-year-old girl to
fondle him when he was aroused. He told officers he had always had
thoughts about young girls and he wanted to stop but didn't know how.
"Not all child molesters are pedophiles and not all pedophiles are child
molesters. He has both," Perry said, referring to a psychological diagnosis.
He referred to print outs of chat logs found on Vanbuskirk's computer
that were of a sexual nature, describing his fantasies involving children.
"That's pretty wicked stuff," Perry said, pointing to the recommendation
of a 20-year sentence, opposite the defense's request for community
controlled sanctions in addition to completion of a sex offender
treatment program.
"That's a chance we just cannot take," Perry said of the defense request
that Vanbuskirk not go to prison.
"That's totally excessive in this case," said J.C. Ratliff, one of
Vanbuskirk's attorneys, of the prison sentence. "We aren't saying these
aren't crimes. We're just saying they don't mean you should go to prison
there for this long of time."
He cited four cases from Marion County Common Pleas Court that involved
sex offenses where the defendants were placed on community control.
Perry and Ratliff agreed with the psychologist's report that Vanbuskirk
would benefit from sex offender treatment - where he would receive that
treatment was a point of contention.
Vanbuskirk's mother testified at the sentencing hearing.
"I've always been proud of Chuck. He's got a kid way about him that
makes you appreciate life," she said.
She didn't know about his addiction to child pornography until he was
first arrested, she said
"I think the whole thing blew up because he didn't know what to do," she
said. "I think he touched the girls so he would get arrested."
She said she and her husband would help support their son in any way
they could.
Ratliff said the alleged gropings in Ontario that led to the Marion case
were a cry for help from Vanbuskirk, as his client's mother testified.
In an interview where Ontario police questioned Vanbuskirk in Marion
before the search at his home last September, he told officers he felt
guilt and shame about things he'd done.
"I don't know how to talk anymore, to anyone," he said.
After he was arrested in Richland County and made bail, he went home and
tried to delete the files from his computer because he didn't want them
anymore.
"I don't want it in my mind anymore," he told officers.
Before, he spent most of his waking hours viewing child pornography, he
said.
He told police he never touched any children, but there were pictures of
his backyard neighbors, who were young girls, jumping on their trampoline.
"I don't want to get by day-by-day. I don't care if I'm in jail for the
rest of my life," he said in the interview.
In court, he read a prepared statement, apologizing for his conduct and
asking his family for forgiveness, noting their continuous support.
"I also can truthfully state to the court that I won't do anything like
this again," he said.
The case was unusual, Finnegan said, in that Vanbuskirk pleaded to
fifth-degree felonies and fourth-degree felonies, for which the maximum
prison terms are one year and 18 months in prison, respectively. But
there were a large number of charges.
"The more images you have, the more children have been exploited," he
said. "He definitely needs major help. He has a major problem here."
Vanbuskirk was sentenced to 17 years and one month in prison and will
not be eligible for early judicial release. He will be classified as a
Tier II sex offender.
John ;-#)#
MARION - A Marion County judge sentenced a local man who had more than a
million files of child pornography to more than 17 years in prison on
Thursday.
Charles A. Vanbuskirk, 39, was caught with the images and videos after
police obtained a search warrant for his home, an investigation that
stemmed from his arrest in Ontario for allegedly groping two young girls
in Richland County retail stores.
"This is an unusual case," Common Pleas Judge William Finnegan said.
"I've never had a case like this. I've given it a lot of thought."
He considered the sentencing memoranda and looked at what other courts
have done, he said, after hearing arguments from the prosecution and
defense.
"There is compelling evidence in this case that this is very serious. It
involved acts between adults and children who were less than 10 years
old," Marion County Assistant Prosecuting Attorney Greg Perry said in
court. "That's about the least detailed as I can put it."
In his years of experience as a prosecutor and other involvement in law
enforcement, Perry said he has been desensitized to such material, but
these images were an exception.
"There is no way you can look at that stuff and not be affected," he
said. "I'm angered and outraged about it."
Though Vanbuskirk pleaded guilty to 50 charges, prosecutors said he
could have been charged with hundreds or thousands of counts based on
the evidence.
"I don't think he wants to be that way, but I don't think he can help
it," Perry said.
In an interview with police after his arrest, Vanbuskirk admitted to a
sexual incident in the mid 1990s when he allowed a 4-year-old girl to
fondle him when he was aroused. He told officers he had always had
thoughts about young girls and he wanted to stop but didn't know how.
"Not all child molesters are pedophiles and not all pedophiles are child
molesters. He has both," Perry said, referring to a psychological diagnosis.
He referred to print outs of chat logs found on Vanbuskirk's computer
that were of a sexual nature, describing his fantasies involving children.
"That's pretty wicked stuff," Perry said, pointing to the recommendation
of a 20-year sentence, opposite the defense's request for community
controlled sanctions in addition to completion of a sex offender
treatment program.
"That's a chance we just cannot take," Perry said of the defense request
that Vanbuskirk not go to prison.
"That's totally excessive in this case," said J.C. Ratliff, one of
Vanbuskirk's attorneys, of the prison sentence. "We aren't saying these
aren't crimes. We're just saying they don't mean you should go to prison
there for this long of time."
He cited four cases from Marion County Common Pleas Court that involved
sex offenses where the defendants were placed on community control.
Perry and Ratliff agreed with the psychologist's report that Vanbuskirk
would benefit from sex offender treatment - where he would receive that
treatment was a point of contention.
Vanbuskirk's mother testified at the sentencing hearing.
"I've always been proud of Chuck. He's got a kid way about him that
makes you appreciate life," she said.
She didn't know about his addiction to child pornography until he was
first arrested, she said
"I think the whole thing blew up because he didn't know what to do," she
said. "I think he touched the girls so he would get arrested."
She said she and her husband would help support their son in any way
they could.
Ratliff said the alleged gropings in Ontario that led to the Marion case
were a cry for help from Vanbuskirk, as his client's mother testified.
In an interview where Ontario police questioned Vanbuskirk in Marion
before the search at his home last September, he told officers he felt
guilt and shame about things he'd done.
"I don't know how to talk anymore, to anyone," he said.
After he was arrested in Richland County and made bail, he went home and
tried to delete the files from his computer because he didn't want them
anymore.
"I don't want it in my mind anymore," he told officers.
Before, he spent most of his waking hours viewing child pornography, he
said.
He told police he never touched any children, but there were pictures of
his backyard neighbors, who were young girls, jumping on their trampoline.
"I don't want to get by day-by-day. I don't care if I'm in jail for the
rest of my life," he said in the interview.
In court, he read a prepared statement, apologizing for his conduct and
asking his family for forgiveness, noting their continuous support.
"I also can truthfully state to the court that I won't do anything like
this again," he said.
The case was unusual, Finnegan said, in that Vanbuskirk pleaded to
fifth-degree felonies and fourth-degree felonies, for which the maximum
prison terms are one year and 18 months in prison, respectively. But
there were a large number of charges.
"The more images you have, the more children have been exploited," he
said. "He definitely needs major help. He has a major problem here."
Vanbuskirk was sentenced to 17 years and one month in prison and will
not be eligible for early judicial release. He will be classified as a
Tier II sex offender.
John ;-#)#