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August 31, 2004
Lincoln man sentenced to 33 months for possession of child pornography
By Chris Norwood -- 08-31-2004 -- Talladega County
A Lincoln man has been sentenced by U.S. District Judge Karon Bowdrie to 33 months in federal prison for possession of child pornography, according to a press release issued last week by the U.S. Attorney's Office.
State felony charges are still pending in Talladega County Circuit Court.
Jonathan King, 33, was convicted on the federal charges in March, according to the release.
"King had images of child pornography on his home computer in October 2001," according to U.S. Attorney Alice Martin. "This information came to the attention of law enforcement officers following the complaint of a young girl who stated she had been sexually abused by King and that King had shown her child pornography on his computer."
After completion of this sentence, which is the maximum allowable under federal sentencing guidelines, King will be subject to three years of supervised release.
The child pornography case was tried at the federal level because King apparently downloaded the material onto his computer, presumably across state lines.
"We are pleased that the court sentenced this defendant to the maximum term under the federal sentencing guidelines," Martin said. "We will continue to actively prosecute such violations involving the exploitation of children."
King pleaded guilty to the federal charges on March 17.
In Talladega County, King faces charges of rape in the first degree, sodomy in the first degree, sexual torture and sex abuse in the first degree. All of these counts involve the same victim, a 10-year-old girl. The incidents took place between January and October 2001.
According to Talladega County District Attorney Steve Giddens, the abuse ended in October 2001 when the victim told her story to a Talladega County Sheriff's deputy.
An investigation was launched and King was indicted in 2003, based largely on the victim's testimony before a grand jury.
In August 2003, King pleaded guilty across the board to the state charges, but withdrew his guilty plea the following October, before sentencing.
One of the reasons King gave the court for withdrawing his guilty plea was that his attorney at the time had not objected to the introduction of the child pornography on his computer as evidence.
Giddens said Monday the state cases had been on hold pending resolution of the federal case.
"We should be able to try him before the end of the year, as soon as we can get him back in Talladega County," he said.
King is currently in federal custody.
The federal conviction could be used against King for impeachment purposes if he decides to testify on his own behalf, Giddens said.
Rape in the first degree, sodomy in the first degree and sexual torture are all Class A felonies in Alabama, punishable upon conviction by 10 to 99 years or life in prison.
Sexual abuse in the first degree, which involves sexual contact without penetration, is a Class C felony, punishable upon conviction by one year and one day to 10 years in prison.
Posted by Nealus at August 31, 2004 10:39 AM
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