McALLEN -- Ethan Saenz clenched his hands tightly behind his back as he begged a federal judge Monday to grant him a second chance at life, vowing to never have anything to do with child pornography again.

And U.S. District Judge Ricardo Hinojosa complied, citing the 25-year-old’s history of physical and sexual abuse as a child when he sentenced him with just five years of probation for possession of child pornography.

“If you look at his childhood, wouldn’t you say…this is somebody who’s actually been a victim himself?” the judge asked. “This is someone’s who’s different. He hasn’t physically abused somebody like he’s been physically abused as a child.”

Arrested in 2005, the Rio Grande City man faced more than six years in federal prison after investigators found more than 100 images and several videos of boys participating in sexual acts, sometimes bound and gagged and often with older men on Saenz’s computer.

Though he described that pornographic collection as “despicable,” Hinojosa did not concede to a federal prosecutor’s urgings to grant Saenz a heavy sentence.

Assistant U.S. Attorney Juan Felipe Alanis was unconvinced Saenz deserved a lesser sentence because of his troubled history, which included losing his mother early in life to a bus accident, an absent father and a foster mother who hit and molested him and another child in her care.

“Many of the people have hard lives similar to him, but they don’t turn to child pornography,” Alanis said. “It’s an excuse the government sees a lot.”

Yet Hinojosa said Saenz’s circumstances were too different to ignore and noted he never took his actions a step further and actually preyed on young children like other suspects the judge has encountered.

He also said Saenz had made progress since his initial plea of guilt, including five years of home confinement, earning a bachelor’s degree at the University of Texas, Pan American, staying away from controlled substances and seeking psychological care.

The judge also referenced the positivity he saw in many statements submitted on Saenz’s behalf from his professors, pastors and more.

“(This) one mistake does not accurately represent who (Ethan) was or is,” wrote Trevor Carpenter, a senior pastor at McAllen’s Baptist Temple, in a letter dated June 2007. “(All) he indications I have seen in this young man lead me to believe that he absolutely desires to and is moving past this very significant mistake.”

Under his sentence, Saenz also must wear an electronic tracking device for another 24 months and register as a sex offender for the remainder of his life, updating his residence when he moves.

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Neal Morton covers education and general assignments for The Monitor. He can be reached at (956)683-4472.

http://www.themonitor.com/news/pornography-50558-child-judge.html

Emphasis added by H4K Editor