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A Leavenworth man has been sentenced to more than two years in prison for sexual exploitation of a child.
Todd Q. Abbott Jr., 22, was sentenced Wednesday in Leavenworth County District Court to 31 months in prison.
He pleaded no contest in December to three counts of sexual exploitation of a child. The charges stemmed from child pornography files he reportedly downloaded to a computer.
The charges were the result of a 2010 investigation by the Kansas Attorney General’s Office. And the case was prosecuted through the Attorney General’s Office.
Abbott’s attorney, KiAnn McBratney, argued Wednesday for probation for her client instead of a prison sentence.
But Assistant Attorney General Kristiane Bryant argued against probation.
“I’m concerned that he hasn’t taken responsibility for this,” Bryant said of Abbott.
Bryant expressed concern that a sex offender treatment program Abbott would receive while on probation wouldn’t be affective because he didn’t admit responsibility.
“These are serious charges,” she said.
District Judge Gunnar Sundby said a doctor’s report indicated that Abbott had expressed considerable remorse and guilt.
Bryant said Abbott did admit to some responsibility, but what he actually said to the doctor wasn’t documented.
“It’s very vague,” she said.
McBratney said Abbott has a long history of mental health issues. The defense attorney argued that in addition to a sex offender evaluation, it would be appropriate for the judge to order other treatment and evaluation related to Abbott’s mental health.
McBratney said there are treatment programs available for Abbott and he has his parents’ support.
The defense attorney also said she disagreed that her client hadn’t taken responsibility.
Sundby gave Abbott the opportunity to speak during the sentencing hearing.
“I know what I did is wrong,” Abbott said. “I’m sorry.”
The defendant said if placed on probation, he would impress the judge with his progress.
Sundby recessed for several minutes in order to review notes regarding some of the reports that had been prepared in the case.
After returning, Sundby imposed the 31-month sentence.
The 31-month sentence was considered a mitigated sentence under state guidelines. Sundby said he was imposing the mitigated sentence because of concerns about Abbott’s history of mental health problems and the fact the defendant had taken responsibility by pleading no contest.
Sundby said the defense had not sustained the burden for granting probation.
The judge expressed concern that, if placed on probation, Abbott would be returning to society under circumstances that weren’t much different than before.
Sundby also said Abbott’s remorse seemed more about having been caught and placed in jail than the defendant’s role in the sexual exploitation of children.
A Leavenworth man has been sentenced to more than two years in prison for sexual exploitation of a child.
Todd Q. Abbott Jr., 22, was sentenced Wednesday in Leavenworth County District Court to 31 months in prison.
He pleaded no contest in December to three counts of sexual exploitation of a child. The charges stemmed from child pornography files he reportedly downloaded to a computer.
The charges were the result of a 2010 investigation by the Kansas Attorney General’s Office. And the case was prosecuted through the Attorney General’s Office.
Abbott’s attorney, KiAnn McBratney, argued Wednesday for probation for her client instead of a prison sentence.
But Assistant Attorney General Kristiane Bryant argued against probation.
“I’m concerned that he hasn’t taken responsibility for this,” Bryant said of Abbott.
Bryant expressed concern that a sex offender treatment program Abbott would receive while on probation wouldn’t be affective because he didn’t admit responsibility.
“These are serious charges,” she said.
District Judge Gunnar Sundby said a doctor’s report indicated that Abbott had expressed considerable remorse and guilt.
Bryant said Abbott did admit to some responsibility, but what he actually said to the doctor wasn’t documented.
“It’s very vague,” she said.
McBratney said Abbott has a long history of mental health issues. The defense attorney argued that in addition to a sex offender evaluation, it would be appropriate for the judge to order other treatment and evaluation related to Abbott’s mental health.
McBratney said there are treatment programs available for Abbott and he has his parents’ support.
The defense attorney also said she disagreed that her client hadn’t taken responsibility.
Sundby gave Abbott the opportunity to speak during the sentencing hearing.
“I know what I did is wrong,” Abbott said. “I’m sorry.”
The defendant said if placed on probation, he would impress the judge with his progress.
Sundby recessed for several minutes in order to review notes regarding some of the reports that had been prepared in the case.
After returning, Sundby imposed the 31-month sentence.
The 31-month sentence was considered a mitigated sentence under state guidelines. Sundby said he was imposing the mitigated sentence because of concerns about Abbott’s history of mental health problems and the fact the defendant had taken responsibility by pleading no contest.
Sundby said the defense had not sustained the burden for granting probation.
The judge expressed concern that, if placed on probation, Abbott would be returning to society under circumstances that weren’t much different than before.
Sundby also said Abbott’s remorse seemed more about having been caught and placed in jail than the defendant’s role in the sexual exploitation of children.
