Soldotna man found guilty of child porn possession

On Friday, Kenai Superior Court Judge Carl Bauman found a Soldotna man guilty of seven counts of possession of child pornography. The judgment was handed down following a three-day court trial.

 

Kevin Patterson, 40, originally faced ten felony charges: eight counts of possession of child pornography and two for distribution. The state agreed to dismiss the distribution charges after Patterson waived his right to a jury trial on the eight counts of possession, according to court records.

Patterson was found not guilty of the first count of possession. Bauman reviewed the exhibits — eight devices seized by law enforcement that corresponded with the counts rather than every image on the devices, which has occurred in other child porn cases — and decided two items were not pornographic. Otherwise, the remaining videos and images were pornographic, he said.

Possession of child pornography is a class C felony. Under Alaska law, the maximum penalty for a class C felony is five years. The court decided two aggravators applied to the charges, meaning the court would be seeking the maximum sentence.

Prior to the trial, the parities agreed to a cap of active jail time of no more than 20 years and no fewer than 12 years, according to court records. But the aggravators could mean additional jail time for Patterson.

Sentencing is set for May 5 at the Kenai Courthouse.

Patterson was indicted Feb. 4, 2010 on the original ten felony charges. Authorities discovered more than 1,000 images and videos of child pornography on multiple devices at his residence as well as his parents’ bed and breakfast. Some of the images included diapers, a recognized fascination of Patterson’s.

In 2005, Patterson was convicted of similar charges in Minnesota.

The Office of Special Prosecutions and Appeals handled the case; Assistant Attorney General Marika Athens argued during opening statements that evidence found on the devices would lead to a conviction. The defense argued the issue at stake was whether or not Patterson knowingly possessed the photos seized, which it believed prosecutors could not prove beyond a reasonable doubt.

 

Jerzy Shedlock can be reached at jerzy.shedlock@peninsulaclarion.com.

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