December 3, 2014 at 5:29 p.m.
Appeal request filed in Chagnon case
Appeal request filed in Chagnon case
His lawyer, Raymond Edelstein, filed a request on Tuesday with the state Court of Appeals asking it to review a judge's decision not to drop 23 felony charges filed against Chagnon. Edelstein hinted he would take such action last week.
The appeal request is based on a November ruling by Winnebago County Circuit Judge Scott Woldt, who denied a motion Edelstein filed to throw out the felony charges.
At issue is the interpretation of state statutes and whether Chagnon's alleged conduct was actually illegal.
Authorities contend Chagnon violated a state law by creating a booklet containing more than 250 images of young girls while an inmate at the Oshkosh Correctional Institution. According to the criminal complaint against him, Chagnon removed the images from The Lakeland Times, to which he subscribed in prison, and other publications. He no longer subscribes to the newspaper.
The complaint claims Chagnon wrote sexually explicit commentary in the booklet, and in some instances, recorded the names and ages of the girls and their parents.
The felony charges stem from a state statute that makes it a crime for a registered sex offender to intentionally capture a representation of a minor without the written consent of that minor's parent or legal guardian. Edelstein has argued the law applies only when a sex offender actually takes a photograph or video, or digitally stores an image, such as scanning it. Because Chagnon collected hard-copy photos, the law does not apply, Edelstein has said.
The prosecution disagreed with that interpretation, as did Woldt, the circuit judge.
If the Court of Appeals accepts the case, it could clarify the meaning of the statute under dispute.
Edelstein said the Court of Appeals is not obligated to accept the appeal request at this time.
"This type of an appeal is not as a matter of right," he said in an interview.
An arraignment is scheduled in Winnebago County Circuit Court for Dec. 19, but Edelstein has moved to put that hearing on hold until the Court of Appeals decides whether to accept review.
If the appeals court denies review, then any appeal would have to come once the circuit court's criminal proceedings have ended. If review is accepted, Edelstein said he would seek to stay the circuit court's proceedings until a ruling from the appeals court.
Edelstein said he did not know when the appeals court would decide whether or not to accept the case.
In addition to the 23 felony charges, Chagnon faces four misdemeanor charges of violating prison policy. He could be sentenced to a maximum of nearly 181 years in prison and a $232,000 fine if convicted on all counts.
He is being held in the Winnebago County Jail on a $100,000 cash bond.
Winnebago County Deputy District Attorney Scott Ceman declined comment for this story.
Jonathan Anderson may be reached at [email protected]
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