December 19, 2014 at 4:04 p.m.
Chagnon pleads not guilty in photo case
Chagnon pleads not guilty in photo case
Albert Chagnon entered the plea Friday morning in Winnebago County Circuit Court, where he appeared by video with his defense attorney, Raymond Edelstein.
Chagnon was charged in October with 23 felony counts of violating a state law that the prosecution contends prohibits registered sex offenders from storing images of minors without the consent of their parents or guardians. According to the criminal complaint, Chagnon is alleged to have created a booklet containing more than 250 images of young girls while an inmate at the Oshkosh Correctional Institution. He removed the images from The Lakeland Times, to which he subscribed in prison, and other publications, the complaint states. He no longer subscribes to the newspaper.
Chagnon wrote sexually explicit commentary in the booklet, and in some instances, recorded the names and ages of the girls and their parents, authorities say.
Edelstein has asked the state Court of Appeals to review the propriety of the charges, contending they do not cover Chagnon's conduct because 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, he did not violate the law, Edelstein has argued.
The prosecution disagreed with that interpretation, as did Winnebago County Circuit Judge Scott Woldt, who denied a motion from Edelstein to dismiss the felony charges.
The appeals court has not decided whether to take up the case, but the court could reach a decision in the next couple of months, so Woldt scheduled a February status hearing, according to Lt. Terri Hook of the Oneida County sheriff's office.
Edelstein has filed a motion to put the trial court proceedings on hold pending the outcome of the Court of Appeals' decision. Woldt has not yet ruled on that request.
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.
Jonathan Anderson may be reached at [email protected]
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