The Bizarre World of Florida

Florida man faces 3,000-year prison sentence in child pornography case February 22, 2013

gUomj8NwoI1U9OcT-1Yakjl72eJkfbmt4t8yenImKBVaiQDB_Rd1H6kmuBWtceBJSTUART — A Hobe Sound man could face more than 3,000 years of jail time after  a judge denied a motion by his attorney to dismiss his case that charges him  with 200 counts of child pornography.

Matthew Taby’s attorney, Richard Kibbey, argued for dismissal on the grounds  that the law, which attaches a minimum of 10 years of jail time per count, was  unconstitutional.

“If the statute was blatantly unconstitutional, I would have the authority  and, maybe, obligation to find it to be unconstitutional,” said Martin Circuit  Judge William Roby at Wednesday’s hearing. “But I do not find the statute to be  unconstitutional.”

Taby, a 50-year-old who worked in engineering at Pratt & Whitney, was  arrested in May after investigators reported finding more than 1,000 images and  videos of children engaged in sexual activities on an external hard drive  attached to his laptop computer, according to an affidavit.

Kibbey argued that the law charging Taby with multiple second-degree felonies  was “overkill” and meant to punish those who victimized children, not the  “passive collectors” of images and videos involving children.

“How does that reconcile itself in an argument, that (a) person could be  facing death in prison for merely looking at dirty pictures?” Kibbey said.  “There’s nowhere, there’s not a hint that, that was the legislators’  (intent).”

But assistant state attorney Vicki Nichols said each image and video was a  separate crime and should be punished as such.

“We’re allowed to overkill because (Taby) committed a thousand crimes,”  Nichols said. “He’s the reason he’s facing thousands of years (in jail).”

Roby, whose decision pushes Taby’s case to its first trial hearing March 19,  said he thought whether or not the statute was unconstitutional would be a  decision for the court of appeals, not a trial judge.

Kibbey said if he appeals the decision, the three-judge panel in appellate  court would be more likely to make a decision about the constitutionality of the  law which has incarcerated Taby for nine months.

“It’s not over yet by a long shot,” Kibbey said.


One Response to “Florida man faces 3,000-year prison sentence in child pornography case”

  1. Dan Says:

    100% in agreement that sexual offenders should spend life in prison, and anyone viewing such sexually-oriented pics or videos obviously demonstrates a sickness. More so, they have not actually committed the crime of actually even touching a child. My point is that while everything in me says justice has been served, why aren’t all sexual offenders who have ACTUALLY molested children receiving life-plus sentences? We need federal law as a supremacy to state laws (under Equal Protection – 14th Amendment) where the legislatures might be full of pedophiles wishing to mitigate any prison time if they are ever caught. Name another reason why a legislature wouldn’t place the maximum sentence to any exploiters of children? If a man (just for convenience of identifying a perpetrator, since they aren’t actually men obviously), can receive a mere ten years, for example, in one state for actually performing sexual acts on a minor, but a man in another state can receive life for looking at pics, where is the justice for the victims ? Any sexual victim’s attackers, whether familial or not, should receive life as a minimum sentence.

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