PHILADELPHIA — The attorney for a man serving a six-year sentence on child pornography charges argued Monday in federal appeals court that a restriction barring the man from owning a computer after his release would prevent him from working.
Federal defender Jonathan D. Libby is pushing for a resentencing hearing for 63-year-old Robb W. Freeman, who has been self-employed most of his life installing computer systems for businesses.
U.S. District Judge Charles R. Weiner sentenced Freeman in May 2000 for possessing more than 1,000 pictures of boys, many under 5 years old, engaged in sexually explicit conduct. At the time, prosecutors said he produced some of the items in the collection himself.
Freeman has served almost half his sentence, which exceeded the federal guidelines of 51 to 63 months. Libby is also contesting the longer sentence.
During his argument before a three-judge panel, Libby said the post-release restriction, which would prevent Freeman from both owning computer equipment and accessing the Internet at any location, was unclear because televisions and palm pilots would fall under the limitations.
Federal prosecutor Louis D. Lappen said he would rework the post-release restriction to make it more specific.
Judge Dolores K. Sloviter said Freeman must be able to work.
"What's bothering me about this case is what does society do with a 60-year-old pedophile?" Sloviter added. "Whatever we do, it's not going to change him. We can't rehabilitate him. We can't cure him."
Freeman also was convicted of molesting a young boy in 1984 and of a perverted sex act in 1973.
In court yesterday, Libby said Freeman never used the Internet to distribute child pornography but did scan pornographic photos on to his home computer.
Judge Theodore A. McKee questioned the post-release restriction. If Freeman had possessed pornographic books or magazines, McKee asked, would a restriction on owning all books or magazines be fair?
McKee suggested software could monitor Freeman's computer use.
Lappen responded by saying Freeman's technical background might allow him to get around a monitoring system.
Parry Aftab, a New York cyber-crime attorney who runs the Internet safety group WiredPatrol.org, said the post-release restriction is slightly broader than most. In the past, restrictions have prohibited accessing the Internet at home or operating an e-mail account.
"I've never seen a restriction of no Internet access. But I don't know that it is a radical shift," said Aftab, explaining that Internet child porn is increasing. WiredPatrol.org finds 600 child porn Web sites each week, she said.
She said her organization is also developing an online resource for judges looking to include such post-release restrictions in their sentences.
"Judges come to us all the time saying, 'What do you suggest⢠What could we put in that will make a difference?' You want to stop it, but how do you be fair and give people a second chance?" Aftab said.
