November 24, 2014 at 4:14 p.m.
Appeal coming in photo case, lawyer for sex offender advises
Appeal coming in photo case, lawyer for sex offender advises
That's the latest from a preliminary hearing on Monday during which Albert Chagnon's defense attorney, Raymond Edelstein, said he intends to challenge a judge's decision not to dismiss nearly all of the criminal charges against Chagnon, a registered sex offender from Rhinelander.
Last week, Winnebago County Circuit Judge Scott Woldt denied a motion Edelstein filed to throw out 23 felony counts against Chagnon. Authorities contend he 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, 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.
Edelstein had argued the state law on which the felony charges are based does not cover Chagnon's alleged conduct. The law makes it a crime for a sex offender to intentionally capture a representation of a minor without the written consent of that minor's parent or legal guardian.
The term "capture a representation" is defined by statute and means "takes a photograph, makes a motion picture, videotape, or other visual representation, or records or stores in any medium data that represents a visual image."
In court filings, Edelstein disputed the applicability of that statute to Chagnon's case and argued the law applies only when a sex offender actually takes a photograph or video, or digitally stores an image, such as scanning it. The hard-copy images Chagnon allegedly compiled are not "data," Edelstein asserted, because they were not digitized. He subsequently moved to dismiss the felony charges.
The prosecution disagreed with that interpretation, as did Woldt, the circuit judge.
If Edelstein files an appeal, it would again put the criminal proceedings on hold, according to Winnebago County Deputy District Attorney Scott Ceman. The case has already been delayed since Edelstein sought to dismiss the charges earlier this month.
"This might be a long ride," Ceman told parents outside the courtroom after Monday's hearing. "Prepare for a long haul."
That's because the case appears to present a new legal issue that state appellate courts have not yet addressed, according to Ceman. He said he was not aware of any court rulings that have confronted the same questions Chagnon's lawyer has raised.
Ceman cautioned that the lack of an appellate ruling does not make the state's case against Chagnon any stronger or weaker.
In a phone interview, Edelstein said he would be further discussing the possible appeal with Chagnon. Edelstein did not know when a final decision would be made on whether to appeal.
Also during Monday's hearing, Lt. Terri Hook of the Oneida County sheriff's office and Det. Jeremy Wilson of the Oshkosh Police Department testified for the prosecution. Among other testimony, Wilson said a fellow prison inmate of Chagnon's was aware of the booklet.
Edelstein asked Wilson if his investigation uncovered whether Chagnon should have been allowed to receive a newspaper subscription while in prison. Ceman objected to that question, and Woldt sustained the objection, meaning Edelstein could not ask the question.
Edelstein did not call any witnesses.
Woldt bound Chagnon over for trial, finding probable cause to believe he had committed a crime.
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.
There is always a possibility Chagnon could cut a plea deal with a shorter prison term, or that more charges will be filed.
Chagnon has reached plea deals in other cases. He was convicted of possession of child pornography in 2003, in which he emailed sexually explicit images of children to a co-worker. He has since been in and out of prison, and most recently served a two-year sentence in Oshkosh for violating the state's sex offender registry rules.
He has never been charged with a sexual assault, according to court records.
Another court hearing has been scheduled for December.
Chagnon 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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