Judge delays plea in child porn case

By Nate Robson / The Citizen

Tuesday, October 14, 2008 11:54 PM EDT

AUBURN - A guilty plea Tuesday in Cayuga County Court was not accepted because the defendant said he had not knowingly done anything illegal.
After Paul Hoffman, 36, of 1 Barber St., Auburn, pleaded guilty to promoting the obscene sexual performance of a child and possessing the obscene sexual performance of a child, both felonies, he failed to take responsibility for the crime.

Under the law, Hoffman was required to explain to the court what he did in order to plead guilty, but instead said he did not know he had given pornographic images of a pre-teen girl to a man identified as Robert Smith.

“I just downloaded (the porn) onto my computer and I didn't know what it was and I tried to delete it but it was still on my hard drive,” Hoffman said. “I gave Robert Smith some CDs, but I didn't know what was on the disk. I had other people help me download the stuff and I didn't know.”

Cayuga County District Attorney Jon Budelmann said Smith had pleaded guilty on July 17 to possessing the images, and identified Hoffman as the man who gave him the pictures.

Cayuga County Judge Mark Fandrich said he was uncomfortable taking the plea deal and adjourned the case until Oct. 28 to give Hoffman a chance to talk to his lawyer.

Hoffman was expecting to a receive a 2.3 to seven-year prison sentence in exchange for the guilty plea.

Also in court:

€ An Auburn drug dealer is expected to receive 3.5 years in prison with one year of post-release supervision after he pleaded guilty to one count of felony criminal sale of a controlled substance.

Darris Hayes, 25, of 44 Wallace Avenue, apartment 2, admitted that he made two $200 sales of cocaine to an undercover informant between December 2006 and January 2007.

Hayes will also be required to make restitution for the sales, and will receive a shock camp recommendation when he is sentenced on Nov. 25.

If Hayes is accepted into a shock camp program, he could be eligible for an early release.

During his court appearance, Hayes also admitted he was a second felony offender who was convicted of felony criminal sale of a controlled substance in 2004.

€ An Auburn woman was ordered to pay $1,200 in restitution after it was discovered her co-defendant never paid back the victim.

Shannon Terwilliger, 28, of 310 Clark St., was brought back into court to have restitution added to her sentence after she received a two to four-year prison term in August for felony grand larceny.

During the original sentencing, the court was under the impression that Daniel Lisano, 20, of 4 Morris St., Auburn, had paid the victim for stealing his plasma screen TV, but no restitution was ever made, Fandrich said.

Terwilliger and Lisano are expected to split the restitution.

€ Lance Meyers, 53, of 7001 North St., Auburn, pleaded not guilty to two felony drinking and driving charges and three infractions for driving without a proper licenses, failure to maintain his lane and drinking alcohol in a vehicle.

Staff writer Nate Robson can be reached at 253-5311 ext. 248 or nathan.robson@lee.net

The Citizens' Say

There are No comments posted.

REGISTRATION IS FREE.
Registered users sign in here:
*Member ID:
*Password:
Remember login?
(requires cookies)
 
Unregistered users can register here:

Do not use usernames or passwords from your financial accounts!

Note: Fields marked with an asterisk (*) are required!

*Create a Member ID:
*Choose a password:
*Re-enter password:
*E-mail Address:
*Year of Birth:
 

(children under 13 cannot register)

First Name:
Last Name:
Company:
Home Phone:
Business Phone:
Address:
City:
State:
Zip Code:
 

What to Watch

Multimedia

Slideshows

Slideshows

Local Video

Citizen Videos

Your Photos

Photos

Top Homes

The position is required for AdSys ads.

Top Jobs

The Citizen Copyright ©2008
A division of Lee Publications, Inc.
25 Dill Street
Auburn, NY 13021

Contact Us

Add to My Yahoo!