SMETHPORT — A Bradford man who pleaded guilty in October 2016 to 23 counts related to child pornography received his sentence on Thursday in McKean County Court.
Joseph M. Smith, 37, will serve 14 to 28 months in state prison with credit for 14 days of time served and five years of probation for 11 counts each of disseminating child pornography and possessing child pornography and one count of criminal use of a communication facility, court records stated.
According to Smith’s attorney, David Ridge, there were factors in Smith’s life that made for an encouraging possibility of rehabilitation. He noted that Smith’s girlfriend submitted a letter to President Judge John Pavlock on behalf of Smith. “He is in a good, stable relationship,” said Ridge.
Between her and support from Smith’s family, Ridge said his client “won’t become a recluse.” He told Pavlock, “You can see from the people who sent letters to you” that Smith has opened up to them about why he did what he did. “He does feel embarrassed and remorseful.”
On his own behalf, Smith said he was making “no excuse” for his actions and acknowledged the hurt it caused his friends and family. “All this has helped me open up to my family and friends,” he said. “I just want to move forward and be a productive person.”
Pavlock outlined a number of things that he was considering in making the sentence. He noted that he did “totally accept” it when Smith revealed in his letter that he had felt like he couldn’t reach out for help with what he called “an addiction.”
While the judge said he understood why Smith had relatives requesting that Smith receive a probation sentence instead of incarceration, Pavlock explained, “These are very serious charges.”
In addition to prison and probation, Smith will have to register as a sex offender for 25 years. During his sentence, he is to have no internet access and no unsupervised contact with juveniles.
He was not found to be a sexually violent predator.
Court records filed at the time of his arrest indicated that on July 26, law enforcement officials executed a search warrant at the home where Smith lived with his parents, seizing his computer, then went to Smith’s workplace and interviewed him in the breakroom, where he told them he had been downloading child porn for about 10 years.
Ridge said Smith had a good work record prior to the charges being filed; however, Smith lost his employment due to the charges, he noted.