MONROE - After nearly five hours of expert testimony, tense arguments over disturbing details and an emotional plea from the prosecutor, a former school teacher was sentenced Wednesday in Green County Circuit Court to the mandatory minimum prison sentence for possessing child pornography.
Timothy G. Hoffman, 44, a former Monroe resident now of Cherry Valley, Illinois, will spend three years in prison and seven years on extended supervision as part of his sentence, with conditions that he maintain full-time employment or education, enter the Wisconsin Sex Offender Registry, complete all recommended treatment and pay several thousand dollars in fines and court fees.
He's also ordered not to have contact with minors or use internet-enabled devices without the prior approval of his parole officer.
As part of a plea deal in November, Hoffman pleaded no contest to three Class D felony counts of possessing child pornography, with 26 other counts dismissed but "read in," meaning the judge could consider them as evidence in sentencing.
Judge Thomas Vale's sentence of three years imprisonment on each conviction, to run concurrently, is the minimum required by a state law on the books since 2013 for child porn cases.
In explaining the prison sentence, which is six years shorter than recommended by the prosecution, Vale said he had to balance the need for punishment with Hoffman's need for rehabilitation and treatment.
"We prefer not to throw someone on the trash heap," he said.
Vale described "instant revulsion" toward pornography in general and disgust with the "ugly world" that gives everyone access to this "repulsive content."
"Particularly alarming is child pornography," he said. Still, he added, Hoffman's older age and lack of a criminal record indicate a lesser need for a lengthy prison sentence.
Hoffman started working as a high school math teacher in the Orangeville school district in the fall of 2016 and was arrested about a month later in the child porn case, according to a public letter to parents from the district superintendent, Douglas DeSchepper.
In the letter, DeSchepper wrote that Hoffman "will not be permitted on district property unless and until this matter is resolved." DeSchepper also mentioned that Hoffman passed the district's state-mandated criminal background check when he was hired.
An image of child porn uploaded from Hoffman's IP address to the social media site ChatStep first alerted authorities to the case, eventually leading to a search of his apartment in the 2500 block of 13th Street in Monroe in September 2016. His computer and several flash drives were seized.
Each of the 29 felony charges against Hoffman correspond to 29 images and videos found on Hoffman's flash drives that depict child pornography, mostly prepubescent boys having sexual contact with adult men, and less frequently, with adult women and pubescent teen boys, according to the criminal complaint.
But testimony and reports presented in court show Hoffman's digital collection was much bigger than the 29 files selected for the 29 felonies. It amassed nearly 9,500 photos and about 1,500 videos, as well as a "guide on grooming children" as young as 7 for sex.
Investigators also found files of stories, apparently written by Hoffman, that detailed sexual scenes with children, as well as online activity showing searches for phrases like "boy getting spanked" and "Monroe Wisconsin pedophile," sexually explicit posts in numerous chat rooms and comments like, "I usually share on boys-only boards."
Hoffman had been engaging in this behavior since the 1990s, by his own admission to an investigator.
The "majority by far" of Hoffman's collection depicts boys ages 8 to 14, and he shared his files with others, according to testimony from a digital forensics examiner with the Department of Criminal Investigation, Kyle Hill.
Within the past five years, Hoffman also created and saved a spreadsheet titled "Canon City Kids," Hill testified. It lists the names of nine boys at a middle school Hoffman taught at in Canon City, Colorado, along with physical and sexual statistics on each.
Police in Colorado were aware of the document but interviewed none of the boys and closed the investigation for reasons that are unclear, Hill said.
No testimony or evidence discussed at Wednesday's sentencing indicated that Hoffman has ever had direct sexual contact with children.
He has never been in a sexual relationship with an adult, according to testimony from a psychologist who performed a psycho-sexual evaluation of Hoffman. Nick Yackovich is a psychologist at the Midwest Center for Psychotherapy and Sex Therapy in Middleton. He's worked with sexually violent offenders for more than a decade and consulted on institutional treatment programming for sex offenders in Wisconsin and elsewhere.
Hoffman is in a "state of sexual confusion," Yackovich said, adding that "being gay flew in the face of his religious beliefs" as well as his family's beliefs growing up.
"He has no other sexual outlet than voyeuristic viewing of porn," Yackovich said.
When asked about treatment, Yackovich said treating sex offenders happens best outside of prison, where offenders can work on developing healthy relationships and dating skills.
In her closing arguments, District Attorney Laura Kohl slammed Hoffman's abnormally large collection of child porn and his habitual seeking and sharing of pedophilic materials over decades.
Most damaging, she said, is that consuming child porn perpetuates the victimization of children, even years after it is produced.
"It's forever, and there's nothing they can do about it," she said of the "lifelong gutting pain" the victims experience. "There are thousands of victims of Mr. Hoffman."
Her voice breaking with emotion, Kohl proceeded to read from six statements from the children in the images and videos in Hoffman's collection, or in some cases, their parents. One of the victims described how images involving her as a child, images shared thousands of times illicitly online, are now evidence in more than 500 criminal cases of child pornography possession. Her victimization has left her in a daily state of distrust, anger and suspicion.
"Please hear my voice," the victim wrote.
Another victim wrote that his Scoutmaster took advantage of him sexually for two years, and the pornography produced from this abuse is "a crime that never stops."
A parent of a victim wrote, "His pictures will be there forever. ... Why should this person be free when my son is not?"
While Kohl read the statements, Hoffman slouched down to one side in his chair, his shoulders hunched. His elderly parents sat in the courtroom behind him.
Defense attorney Robert Duxstad argued that Kohl's recommendation for a nine-year sentence was retrograde and that the trend now is toward rehabilitating sex offenders with treatment rather than giving them long prison sentences.
"Ms. Kohl is making the same arguments that we heard years ago," Duxstad said. "We have someone who is treatable. For him to sit in prison more than three years? It makes no sense."
The real anger and punishment should mostly be reserved for the people who make child porn, Duxstad argued. Once child porn is created, "the cat's out of the bag."
When given the opportunity to speak to the court, Hoffman picked up a piece of lined paper with a short, handwritten statement and read it quickly aloud.
"I made a terrible mistake," he said. "I will not let the victims down in the future."
Timothy G. Hoffman, 44, a former Monroe resident now of Cherry Valley, Illinois, will spend three years in prison and seven years on extended supervision as part of his sentence, with conditions that he maintain full-time employment or education, enter the Wisconsin Sex Offender Registry, complete all recommended treatment and pay several thousand dollars in fines and court fees.
He's also ordered not to have contact with minors or use internet-enabled devices without the prior approval of his parole officer.
As part of a plea deal in November, Hoffman pleaded no contest to three Class D felony counts of possessing child pornography, with 26 other counts dismissed but "read in," meaning the judge could consider them as evidence in sentencing.
Judge Thomas Vale's sentence of three years imprisonment on each conviction, to run concurrently, is the minimum required by a state law on the books since 2013 for child porn cases.
In explaining the prison sentence, which is six years shorter than recommended by the prosecution, Vale said he had to balance the need for punishment with Hoffman's need for rehabilitation and treatment.
"We prefer not to throw someone on the trash heap," he said.
Vale described "instant revulsion" toward pornography in general and disgust with the "ugly world" that gives everyone access to this "repulsive content."
"Particularly alarming is child pornography," he said. Still, he added, Hoffman's older age and lack of a criminal record indicate a lesser need for a lengthy prison sentence.
Hoffman started working as a high school math teacher in the Orangeville school district in the fall of 2016 and was arrested about a month later in the child porn case, according to a public letter to parents from the district superintendent, Douglas DeSchepper.
In the letter, DeSchepper wrote that Hoffman "will not be permitted on district property unless and until this matter is resolved." DeSchepper also mentioned that Hoffman passed the district's state-mandated criminal background check when he was hired.
An image of child porn uploaded from Hoffman's IP address to the social media site ChatStep first alerted authorities to the case, eventually leading to a search of his apartment in the 2500 block of 13th Street in Monroe in September 2016. His computer and several flash drives were seized.
Each of the 29 felony charges against Hoffman correspond to 29 images and videos found on Hoffman's flash drives that depict child pornography, mostly prepubescent boys having sexual contact with adult men, and less frequently, with adult women and pubescent teen boys, according to the criminal complaint.
But testimony and reports presented in court show Hoffman's digital collection was much bigger than the 29 files selected for the 29 felonies. It amassed nearly 9,500 photos and about 1,500 videos, as well as a "guide on grooming children" as young as 7 for sex.
Investigators also found files of stories, apparently written by Hoffman, that detailed sexual scenes with children, as well as online activity showing searches for phrases like "boy getting spanked" and "Monroe Wisconsin pedophile," sexually explicit posts in numerous chat rooms and comments like, "I usually share on boys-only boards."
Hoffman had been engaging in this behavior since the 1990s, by his own admission to an investigator.
The "majority by far" of Hoffman's collection depicts boys ages 8 to 14, and he shared his files with others, according to testimony from a digital forensics examiner with the Department of Criminal Investigation, Kyle Hill.
Within the past five years, Hoffman also created and saved a spreadsheet titled "Canon City Kids," Hill testified. It lists the names of nine boys at a middle school Hoffman taught at in Canon City, Colorado, along with physical and sexual statistics on each.
Police in Colorado were aware of the document but interviewed none of the boys and closed the investigation for reasons that are unclear, Hill said.
No testimony or evidence discussed at Wednesday's sentencing indicated that Hoffman has ever had direct sexual contact with children.
He has never been in a sexual relationship with an adult, according to testimony from a psychologist who performed a psycho-sexual evaluation of Hoffman. Nick Yackovich is a psychologist at the Midwest Center for Psychotherapy and Sex Therapy in Middleton. He's worked with sexually violent offenders for more than a decade and consulted on institutional treatment programming for sex offenders in Wisconsin and elsewhere.
Hoffman is in a "state of sexual confusion," Yackovich said, adding that "being gay flew in the face of his religious beliefs" as well as his family's beliefs growing up.
"He has no other sexual outlet than voyeuristic viewing of porn," Yackovich said.
When asked about treatment, Yackovich said treating sex offenders happens best outside of prison, where offenders can work on developing healthy relationships and dating skills.
In her closing arguments, District Attorney Laura Kohl slammed Hoffman's abnormally large collection of child porn and his habitual seeking and sharing of pedophilic materials over decades.
Most damaging, she said, is that consuming child porn perpetuates the victimization of children, even years after it is produced.
"It's forever, and there's nothing they can do about it," she said of the "lifelong gutting pain" the victims experience. "There are thousands of victims of Mr. Hoffman."
Her voice breaking with emotion, Kohl proceeded to read from six statements from the children in the images and videos in Hoffman's collection, or in some cases, their parents. One of the victims described how images involving her as a child, images shared thousands of times illicitly online, are now evidence in more than 500 criminal cases of child pornography possession. Her victimization has left her in a daily state of distrust, anger and suspicion.
"Please hear my voice," the victim wrote.
Another victim wrote that his Scoutmaster took advantage of him sexually for two years, and the pornography produced from this abuse is "a crime that never stops."
A parent of a victim wrote, "His pictures will be there forever. ... Why should this person be free when my son is not?"
While Kohl read the statements, Hoffman slouched down to one side in his chair, his shoulders hunched. His elderly parents sat in the courtroom behind him.
Defense attorney Robert Duxstad argued that Kohl's recommendation for a nine-year sentence was retrograde and that the trend now is toward rehabilitating sex offenders with treatment rather than giving them long prison sentences.
"Ms. Kohl is making the same arguments that we heard years ago," Duxstad said. "We have someone who is treatable. For him to sit in prison more than three years? It makes no sense."
The real anger and punishment should mostly be reserved for the people who make child porn, Duxstad argued. Once child porn is created, "the cat's out of the bag."
When given the opportunity to speak to the court, Hoffman picked up a piece of lined paper with a short, handwritten statement and read it quickly aloud.
"I made a terrible mistake," he said. "I will not let the victims down in the future."