From: Dr. Clyde L. Imhoff, Jr. and Janet Imhoff Parents of Clyde L. Imhoff, III
(928) 783 - 0360
Supporters of Teacher in Child Pornography Case Say Facts Don't Justify Harsh Punishment He Faces
(MMD Newswire) April 2, 2009 -- Family, friends, and supporters of a 50-year-old elementary school teacher arrested for possession of child pornography via the internet argue that the facts in the case don't warrant the prison sentence he appears likely to receive. Among them is the psychologist who treated him, and knew about his behavior for two years prior to his arrest. Despite their letters to the court, a requested probation is not being offered by the prosecution in plea negotiations.
They also say the situation raises serious issues regarding what is effective in protecting children from sexual predators, as well as rights of the public to use the internet in their homes.
Clyde Imhoff, III, 50, of Yuma, Arizona was arrested on October 21, 2008 for possession of child pornography. His home was the target of a search warrant, and his computer was seized. Imhoff was arrested after going to the police and making a voluntary statement. He spent a day in Yuma County Jail, before being released on a $210,000 bond.
Imhoff's attorney, John Jongeward, has advised him that a plea agreement has been tentatively offered, for a prison term of four years and eight months. Imhoff's supporters say similar and worse cases in this county, Arizona and nationwide have resulted in probation. The attorney says that laws have recently been made tougher, and judges have no discretion. He advises that Imhoff accept the offer, rather than risk a sentence of up to life in prison. The next hearing in the case is on April 21, 2009.
Imhoff's supporters say that the following is not disputed by the prosecutor, and that a compelling case can be made that Imhoff is being treated too harshly. Also, that failure to distinguish between the numerous instances of conduct like his, and the activities of predators does not help protect children from real threats. They also raise issues about what is and isn't sufficient grounds to investigate a person's use of the internet in their home.
Court documents show that Imhoff is alleged to have used the file sharing service Lime Wire to look at videos. Fewer than 100 were downloaded, not all of the files were opened. Imhoff told police he watched videos of activity involving girls that appeared to be 11 - 15 years of age for his gratification, although exact ages of the participants can't be determined. He agreed some of them could have been as young as they appear. He also told police he looked at some videos with "morbid curiosity" involving very young children, which were not pleasant to see. He characterized these as "like watching a train wreck."
The material is alleged to be illegal child pornography. It is widely available on search engines and file sharing services. Imhoff is not accused of doing anything to acquire the material, beyond using Lime Wire. It is not alleged that he had contact with anyone directly, or spent money to acquire any material.
Following further investigation, there is no allegation that any other crimes were committed. Imhoff is not accused of making or attempting to make improper or illegal contact with any child or juvenile either directly or indirectly. He is not accused of any illegal behavior with anyone underage, ever.
Scottie Hotchkiss, CISW has sent a letter to the court supporting Mr. Imhoff. She is a counselor who first treated him for depression and compulsiveness in the 1990s. She states that Imhoff came to her two years ago, saying he knew he was about to tell her something she may be required to report to the police, but he wanted help. He told her about his looking at what may have been child pornography. Hotchkiss states that nothing in the indictment of Imhoff was unknown to her, for about two years prior to his arrest. She has made her records available.
Hotchkiss says that she determined that nothing in the case required her to make a report. Over the course of treating Imhoff, she determined he was not a pedophile or predator. She didn't feel his being a teacher was a problem, either. She says Imhoff understood the legal jeopardy he was in, but regularly consulted with her on the progress he was making toward ending the behavior.
She says she kept careful track of how often he said he had looked at the material, and she was satisfied with the progress he was making. He told her he was relying on her assessment of him.
Hotchkiss was not involved in the events that led to Imhoff's arrest. In the fall of 2008, Imhoff's son asked him about disturbing images he had found on Imhoff's computer. These were in the "recycle bin," shown as a trash can icon on the desktop of the computer. His son is 19 years old, and lives with Imhoff. He first lived with Imhoff from age five to seven, as a foster child. Imhoff has been a single foster parent to several boys.
Imhoff explained what the situation was, including his therapy. Imhoff made it clear that he would not ask his son to keep any secrets. Hotchkiss told Imhoff that he handled this appropriately. Imhoff then informed various other family members of the situation, including his own parents. All were supportive.
Mr. Imhoff's son eventually spoke of the matter to a third party. This individual, without the knowledge of Imhoff's son, called the police. Imhoff's son says he supports his father completely in this matter.
Yuma police obtained a search warrant, and entered the home when no one was there. The computer was seized, as well as a box of pornography in Imhoff's closet. Numerous other items were taken, that were later determined to not be relevant to the investigation.
Police submitted as evidence deleted files, that were recovered from the hard drive of the computer. In a matter that is in dispute, police presented one single photograph, printed from the computer, that was found in the box. They identified it as child pornography. Imhoff denies ever printing any questionable images.
Imhoff found out about the search several hours later, and went voluntarily to the police station to make a statement. He summarized the information presented above. He was advised of his rights, arrested and booked into the county jail. His family posted the $210,000 bond to secure his release on bail the next day.
Imhoff's attorney has told him that if he had not made the voluntary statement, there would be little from which a case could be made against him. Still, Imhoff says he doesn't regret making the statement, and that he would have willingly given the police the materials that were seized.
Imhoff's supporters include 3 generations of his family, numerous friends and colleagues, and Ms. Hotchkiss. They note that Imhoff has lost his career and is bankrupt. He soon will lose ownership of his house.
His supporters say he recognizes some type of probation is warranted, and he is resigned to being sentenced to prison instead. He recently was told by his attorney that he is being offered a plea agreement of almost five years in state prison.
Imhoff's supporters express shock at this, and feel an agreement to strict probation would have better served the public's interest. They also raise issues regarding what is effective in protecting children, as well as issues concerning the rights of internet users.
They say that treating the case so harshly, given the facts, puts all men in the same category, regardless of what they actually have or haven't done. Men are sent the message to either resist any and all impulses alone and in secret, or engage in unacceptable behavior and hope to not get caught. They believe this puts children and adolescents at greater risk, not less.
They also argue that this raises issues about privacy and the use of the internet in the home. The person who called the police was an acquaintance of Mr. Imhoff, with whom he has not always been on good terms. The motives of this person have been questioned. The issue is to what extent word-of-mouth can trigger an investigation and search warrant.
Mr. Imhoff has provided the following direct statement, for this press release:
"I realize how wrong my behavior was. That's why I went to a psychologist. Telling her at the start that what I was revealing may require her to call the police was not an easy thing to do. It wouldn't have been easy for anyone.
What I will never know, is whether she was right in telling me that my behavior wasn't particularly unusual, and that I was handling it responsibly. She could have been in error. But I relied on her judgement. If I had it to do over again, I still would.
I take full responsibility. I hope that going to prison for five years would be like a hitch in the army. I may be able to do some good as a teacher's aide, and come back with war stories. I am not comparing myself morally to our soldiers. I'm just trying to explain how I look at this.
I am very thankful for all the support I've been given. It's overwhelming."
- Clyde Imhoff
1770 W. 29th Street
Yuma, Arizona 85364
(928) 210 - 0961
Note: The following persons are not associated with this press release, but contact information is provided:
Mr. Imhoff's therapist:Scottie Hotchkiss Lcsw
Phone: (928) 343-1670
Mr. Imhoff's attorney:
John H. Jongeward, jr.
Phone: (928) 782-6505
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