January 9, 2015 at 5:15 p.m.
Court of Appeals takes Chagnon case
Court of Appeals takes Chagnon case
This week, the court accepted a request by the sex offender, Albert Chagnon, to interpret a state statute prohibiting registered sex offenders from intentionally capturing a representation of a minor without consent from the minor's parent or guardian.
Chagnon, formerly of Rhinelander, is contesting the validity of 23 felony charges filed against him this fall for violating that statute. Authorities say he created 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 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.
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 in December with the Court of Appeals asking it to review the circuit judge's decision not to drop the felony charges. The Wisconsin Department of Justice, which handles criminal appeals on behalf of the state, did not object to that request. In a court filing, DOJ said it could not find any state appellate court decisions on the precise issues raised in the case. Appellate review could clarify the meaning of the statute under dispute and provide guidance to courts in future cases.
The Court of Appeals was not required to accept Chagnon's appeal request because the trial court proceedings are still ongoing. But because the appeals court has now accepted the case, trial court proceedings are likely to be put on hold, according to Edelstein.
He said on Friday the appellate division of the Wisconsin State Public Defender's Office would likely represent Chagnon in the Court of Appeals.
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.
A hearing in the trial court proceedings has been scheduled for March, according to online court records.
Jonathan Anderson may be reached at [email protected]
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