February 15, 2013 at 5:48 p.m.
Jacobson sentenced to probation, three months jail on child porn charge
Jacobson sentenced to probation, three months jail on child porn charge
Dr. Bruce Jacobson, 52, received his sentence in Oneida County Circuit Court Thursday. The expectation for the class D felony charge against Jacobson was a minimum of three years prison confinement, but allowed for the court to impose a lesser sentence if it was decided that's more appropriate.
In Jacobson's case, both attorneys and ultimately the judge agreed prison isn't necessary. Oneida County Assistant District Attorney Scott Moller referred to Jacobson's lack of a criminal history, his cooperation with law enforcement upon his arrest in December 2011, and the treatment he has since sought out for his mental health issues.
"This all suggests to the state that the downward departure (for sentencing) is appropriate," Moller said.
He recommended a three-year probation term and six months of jail time.
"Jail is appropriate. I don't think prison is," Moller said. "But no jail time would depreciate the seriousness of the offense."
Defense attorney Jeff Jackomino agreed with the state for the most part, but argued that he didn't think any type of confinement was necessary for his client. Jackomino called five different witnesses during Thursday's hearing. He focused on the treatment Jacobson has received since his arrest more than a year ago, and said Jacobson isn't a threat to the public despite the nature of his criminal actions.
"He unfortunately used a very unhealthy and illegal outlet, but he is not a person that's going to be a danger to the community," Jackomino said, describing Jacobson's viewing of child pornography as a sort of stress relief from things that were occurring in both his personal and professional lives.
Jackomino said the seriousness of the class D felony charge against Jacobson is primarily an attempt to catch and punish pedophiles, but it "casts a wide net" that also includes people like Jacobson who he described as more of a voyeur with a mental health flaw.
Jacobson was arrested in December 2011 after a search warrant was executed at his house. Local officials became involved after a Department of Justice investigation identified an IP (Internet Protocol) address tied to child pornography which traced to Jacobson's residence. Following his arrest, Jacobson resigned from his position as a surgeon with Ministry Medical Group.
A psychiatrist and psychologist who have both been involved in the treatment of Jacobson testified Thursday and said they didn't consider Jacobson a pedophile. They referred to studies that say the likelihood of future physical contact with a child is very low for people whose primary offense is viewing child pornography.
"Very frequently child sex offenders use pornography to suppress their urges," said Dr. James Montgomery, a psychiatrist who treated Jacobson at a facility in Mississippi. "It's not usually the other way around, that viewing pornography turns into actions."
Det. Sgt. Dave Kroll of the Oneida County Sheriff's Office testified the amount of child pornography images he found on Jacobson's computers was "minimal" compared to other such cases he has investigated. He also said there was no evidence that Jacobson was talking to children via Internet chatrooms,
nor has there been any complaints alleging Jacobson had any sexual contact with children.
Jackomino focused on that fact in his argument.
"With all the publicity this case has received, nobody has come forward about any other incidents with children and it has been more than a year," Jackomino said.
Jacobson also addressed the court Thursday. He said he is ashamed by his behavior and in the last year has had time to reflect on what led to his actions. Jacobson said he's been confronting his mental health issues and continues to attend both group and individual therapy sessions.
Lincoln County Circuit Judge Jay Tlusty followed the three-year probation recommendation and ultimately decided some jail time is necessary in this case. Jacobson will spend three months in jail. Another three months was ordered if Jacobson has any future violations. Other conditions of Jacobson's probation include no Internet use and 720 hours of community service.
Kyle Rogers may be reached at [email protected].
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