Hood River Circuit Court Judge Donald Hull took a tough stand on Wednesday against probation violations related to an Internet child pornography case.
"It's your obligation to make sure you dot every `i' and cross every `t' when you're on optional probation or you're going to prison," said Hull to Patrick "Rick" Schultz.
With those words, Hull sentenced Schultz, 38, to 17 months behind bars after crediting him for about 100 days of jail time already served in connection with the case.
On March 13 Schultz was arrested for possession of sex toys and pornographic pictures, items he was ordered to stay away from after pleading guilty last November to two counts of Encouraging Child Sex Abuse in the first degree. Those charges arose after more than 72 pictures of underage girls engaged in various sexual acts with adult males were found on the hard drive of his computer by Oregon State Police forensic experts.
Schultz, who was undergoing sex offender treatment at the time of his latest arrest, said the pornographic drawings and magazines found in his headboard had been left there by a previous occupant and he should have gotten rid of them.
"If I'm guilty of a crime it's being a sloppy housekeeper," said Schultz.
However, Hood River Sex Crimes Prosecutor Shelley Webb said it was "troubling" that Schultz had defied the conditions of his probation against treating women as "sexual objects" by possessing the material. In addition, she said one of the magazines clearly targeted people attracted to young girls, showing models somewhere in their teens wearing school uniforms and pictures of immature genitalia.
"He should have gone to prison but we agreed to let him try treatment first and I equate this to a drug addict having drugs in his possession or an alcoholic with alcohol in his home," said Webb. "He had one shot and he blew it and he's not going to get better because he's not fully engaged in treatment."
Marc Geller, Schultz' attorney, disagreed with Webb's assertions because his client had entered treatment immediately after getting out of jail, registered as a sex offender as ordered by Hull, and had been actively working to find a job and complete his 120-hours of community service.
"In my mind he's begun to engage in the treatment and the fact that he's still got problems is to be expected," said Geller. "I don't applaud what he's doing but I think he is a step in the right direction and he's treatable."
But Hull overrode Geller's arguments by telling Schultz,"It clearly spells out you're to stay away from pornography in your probation conditions and, basically, this (new erotica) is right at the fundamental root of the problem that got you into this pickle in the first place."
Schultz told Hull that he didn't really believe his sexuality was "messed up," although he would be open to change at the recommendation of his treatment provider.
Although he pled guilty to the first charges, Schultz is challenging the law because he only downloaded child porn and had no personal contact with the subjects.
"I've never hurt anyone and I'm sick of having my name plastered over the newspaper painting me to be some sort of a monster and I'm not," he said.
Webb contends that Schultz deserved to be charged because he was guilty of duplicating the illegal material for more than one year and promoting an industry that abuses children.
Schultz' arrest last November came after he took his computer to a Cascade Locks repair shop and the employee discovered the graphic photos. During questioning, Schultz first said the pictures had been sent to him uninvited and then that he had downloaded them during a time when he was "depressed and really self-destructive."
His arrest earlier this month occurred when police executed a warrant to search for drugs on the 2240 Tucker Road property where he was staying in a mobile home. His girlfriend, Deborah Liles, 50, was arrested after drug paraphernalia, including old syringes with methamphetamine residue inside, was reportedly found in their shared residence. Schultz was also taken into custody after the sexually explicit materials were found above the couple's bed.
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