A man sentenced Tuesday to 290 years in prison for having child porn would have a received a shorter sentence if the judge in the case had his way.
State law required Pima County Superior Court Judge John Leonardo to sentence Carl Ray Buske to between 10 and 24 years on each of the 29 charges he was convicted of and to run them consecutively.
The judge gave Buske the lowest sentence possible but called the prison time "extraordinarily excessive" and immediately gave Buske's attorney permission to ask for the sentence to be commuted.
Someone convicted of 29 counts of child molestation could, hypothetically, get as few as 13 years. The maximum sentence for molesting a child under 15 is 27 years.
Rick Unklesbay, chief trial counsel for the Pima County Attorney's Office, said he has not seen judges take that action very often.
In sentencing Buske, Leonardo said, "It seems incongruous to me that the people who make and distribute child pornography are subject to the same sentences as someone who possesses it."
Buske, an Oro Valley resident, was found guilty last month on every one of the 29 counts of sexual exploitation of a minor charges that he faced.
Two women called the Oro Valley Police Department in December 2004 to complain about a man named Michael Kenny, according to court documents. One of the woman said Kenny had given her a suitcase to hold onto, and when she opened it, she found child pornography. The other woman said she was with Kenny when he threw a large number of compact discs into a grocery store trash bin near Oracle and Ina roads.
Detectives retrieved the discs and found child pornography on them.
Kenny told detectives the child pornography belonged to Buske, his roommate. He also said he had taken Buske's car without permission and he was using the child pornography to blackmail Buske into not reporting the theft, court documents indicate.
A search of Buske's apartment turned up more child pornography and sexually explicit stories β all featuring girls between 11 and 12 years old.
Buske, an aircraft repairman, initially told detectives he downloaded the items but now maintains that he was "set up," court documents show.
After he was sentenced Tuesday, Buske turned to lead detective Doug Hamblin and said, "Great police work! Kenny goes free!" before being hushed by his attorney, Stephanie Stoltman.
Jurors learned during Buske's trial that many of the photos contained Buske's blood, semen and fingerprints, said Deputy Pima County Attorney Melissa Rueschhoff.
Kenny, who was originally charged with nine counts of sexual exploitation of a minor, pleaded guilty to theft by extortion in March 2005 and is serving three years' probation.
According to state law, judges may enter a special order allowing defendants to petition for a commutation of a sentence within 90 days of their sentencing if the judge believes the law calls for a sentence that is "clearly excessive."
When the judge does file such a special order, the judge must set forth his reasons in writing. He must also allow the state and the victim to write their own statements before all of the statements are sent to the Arizona State Board of Executive Clemency.
