Gamere Pleads Guilty, Blasts Minimum Sentencing Provisions
Posted by: Frederick Lane on 08 September 2009
As expected, former Boston sportscaster and game show host Bob Gamere appeared in U.S. District Court in Boston this morning and plead guilty to two counts of distributing child pornography across the Internet and one count of possession of child pornography.
Each distribution charge carries a minimum sentence of 5 years and a maximum of 30 years in federal prison; the possession charge has no mandatory minimum, but a maximum term of 10 years. In exchange for Gamere's guilty plea, the U.S. Attorney's office has agreed to recommend that Gamere serve a single 5-year sentence. U.S. District Court Judge William J. Young will make the final determination at a sentencing hearing on December 8.
Gamere admitted sending child pornography across the Internet, but reportedly told the Court that he was pleading guilty because his attorney said there was less than a "1 in 200" chance he would be acquitted. Gamere also said that the mandatory minimum sentences in the federal obscenity laws are "undemocratic" and "hurt ordinary citizens."
He told the Court that if he were being tried in state court, prosecutors would not have been able to hold the threat of minimum mandatory jail time over his head. The source of Gamere's information is unknown, but in fact, Mass. General Laws Chapter 272 Section 29B provides for a 10-year minimum mandatory sentence for distributing child pornography, twice what is called for under federal law.
Judge Young described Gamere's legal analysis as "sadly mistaken" and noted that the mandatory minimum sentences were adopted by Congress as elected representatives of the people. The judge also suggested that if Gamere is unhappy with the plea deal, then he will "put this case before 12 ordinary citizens if you want me to." Gamere decline the court's offer.
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