January 2, 2015 at 4:36 p.m.
State asks appeals court to review Chagnon case
State asks appeals court to review Chagnon case
Authorities say the sex offender, Albert Chagnon, violated state law by creating a booklet containing hundreds of 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 Times.)
Chagnon, who is from Rhinelander, is also alleged to have written sexually explicit commentary in the booklet, and in some instances, recorded the names and ages of the girls and their parents.
He was charged in October with 23 felony counts of violating 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.
At issue is the interpretation of that statute.
In a motion seeking to dismiss the felony charges, Chagnon's attorney, Raymond Edelstein, argued the statute 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 should not apply, Edelstein said.
The prosecution disagreed with that interpretation as did the circuit judge who denied Edelstein's motion to dismiss.
On behalf of Chagnon, Edelstein filed a petition last month with the Wisconsin Court of Appeals asking it to review the circuit judge's decision not to drop the felony charges.
The Court of Appeals is not required to accept the petition at this time because the trial court proceedings against Chagnon are still ongoing.
That's where the state attorney general's office comes in. The attorney general is responsible for handling appeals in criminal cases, and on Tuesday, Gregory Weber, an assistant attorney general, filed a response to Chagnon's petition.
While the state disagrees with Chagnon's interpretation of the law, and believes the felony charges apply, Weber wrote the state has been unable to find any Wisconsin appellate court decisions on the precise issues raised in the case. That's why taking up the appeal would be beneficial: Should the Court of Appeals accept review, it could clarify the meaning of the statute under dispute and provide guidance to courts in future cases.
The attorney general's office, Weber wrote, "sees value in having this court decide the matter before trial. It should grant the petition."
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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