SIOUX FALLS, S.D. (KELO) — A jury found Michael ______ guilty in September of 2020. Monday a judge heard arguments for and against a lighter sentence.
Investigators found more than a million images on Michael’s phone and computer hard drive in 2018. A jury decided 15 of them were child pornography.
A different judge sentenced him to 10 years with six years suspended. That was four years ago, which means Michael could be out of Mike Durfee State prison but according to today’s testimony the Department of Corrections unsuspended the six years, because Michael refuses to admit his guilt. Without an admission, he is not allowed to undergo treatment that is part of his sentence.
Defense Attorney Betsy Doyle filed the motion to reduce Michael’s sentence, telling the judge. He has “No history of serious crimes and is willing and able to participate in any treatment”
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Judge Susan Sabers inherited the case and said her job was not to retry the case but to “fashion a sentence intended by the trial court judge” who intended Michael would serve a short time in prison. In the end, Judge Sabers reduced Michael’s sentence to 5 years, which would keep him in the Mike Durfee State Prison until September of next year. However, he could be released sooner for good behavior. Michael will have to register as a sex offender for the rest of his life when he gets out of prison.
yeah…there is never any getting out of the registration requirement….which is really worse than the prison sentence
That’s funny that the state is trying to get the individual to violate his own Fifth Amendment right to remain silent and admit to something he doesn’t have to admit to because he was already found guilty by a panel or jury of his peers. Who is the state to say in a parental manner that they have to say or do something to move on in life? What heresy they bring!
Life of stress for 10 images. Ridiculous
My LO spent three years in federal prison for three 30-second videos and has lifetime supervision. Chris B. there have been many times I thought what comes after prison has been worse. The videos were so far back you couldn’t identify their age or who they were so basically there was no identified victim. He doesn’t even think they were his (this all happened in 2008 when most people had one PC in the house that everyone shared and no cell phones). But they held him accountable because it was his PC. He took a plea out of fear because they were trying to get him for 35 years! It’s hard to even comprehend some of the stories I’ve read here. It’s horrible to be forced into being guilty if your not. I give this guy props for refusing to admit he’s guilty if he’s not.
The sentence is still too high.
Ridiculous and lengthy sentences on this stuff will not serve as a deterrent, much less make it disappear from the net.
He’s sticking to his guns. His defense attorney sounds like a joke though. “He’s willing to undergo any treatment.” For 15 images? Really? I’d never agree to something like that for such a minor offense. For all we know he might not have even known the images were on his device anymore.
Please someone tell me what is the point of treatment when you can never be considered “treated, cured, or in remission”?
So, he was convicted of having 15 CP images. And that is justification for a lifetime on the Registry??!! Maybe it’s just me, but that seems outrageous. 😲😳🙄