Moscow man convicted of child porn could get probation instead of prison

MOSCOW – Judge John R. Stegner may consider a sentence even more lenient than one agreed upon in a plea deal for a Moscow man who admitted possessing child pornography.

The plea deal recommended a sentence of three to 10 years in prison with jurisdiction retained, but Stegner said he may consider probation for 32-year-old Charles R. Simpson. The Moscow man appeared Monday in Latah County 2nd District Court, but his sentencing was rescheduled for March 31 as the judge awaits results from a polygraph examination.

Simpson pleaded guilty in January to two felony counts of possession of child pornography as part of a plea deal that reduced the charges from distribution of the illicit material. He had been charged in December after an investigation by the Moscow Police Department found at least 14 files of interest on an IP address that Simpson used. A search warrant executed on Simpson’s cellphone led to discovery of the files, as well as smartphone applications that had been used to download the media.

Stegner said the nature of Simpson’s offense makes him unlikely to re-offend, especially if he has had no “hands-on” offense as an adult with a child. The judge said a polygraph is needed to ascertain Simpson hasn’t committed such an offense.

“Given his amenability to treatment and the low likelihood of re-offense, I might be persuaded to place him on probation if I had a polygraph,” Stegner said.

Senior Deputy Prosecutor Mia M. Vowels argued that the plea agreement suggested a rider program because of the nature of the videos Simpson possessed.

“This was a negotiated plea agreement,” she said. “It did not allow for the option of probation.”

Stegner said he was not prepared to accept the plea agreement without the polygraph examination. Vowels asked that the exam also include any other questioning the doctor thinks is relevant, along with determining any prior offenses Simpson may have committed.

Simpson’s mother, Cynthia Skilton of Priest River, also testified on her son’s behalf Monday. She said it wasn’t until Simpson reached adulthood that she learned he had been sexually assaulted as a child.

“I’m not excusing what he did, but I do also want to say he’s a good person,” Skilton said. “He’s a hard worker. He supported his family. He never showed signs before that he had this problem.”

Skilton said she doesn’t believe he’d commit another offense. She argued that the “best thing” for Simpson is to get “extensive counseling.”

“I just am asking that whatever happens here, that he get the help he needs,” she said.