James Oliver Drorbaugh of Arizona, Child-Porn Collector, Faces Four to Six Years in Slammer

Categories: Perv Alert

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James Oliver Drorbaugh will be sentenced on May 6 to between four and six years in prison for possessing child pornography.
James Oliver Drorbaugh, 35, will get four to six years in prison when he's sentenced on May 6 for possessing child pornography, his plea agreement shows.

Drorbaugh, who's lived in Payson and Chandler, was busted in 2011 after an undercover FBI agent downloaded child porn from his computer using a file-sharing site.

Following a raid of his home and search of his computer and storage media, the FBI found more than a thousand child-porn videos and hundreds of still photos.

Besides the images and videos of adolescent and prepubescent kids engaged in sexual act with both kids and adults, "some of the images contained in this library portrayed sadistic and/or masochistic conduct," court records state.

In an interview with agents, Drorbaugh admitted he possessed at least one image showing an actual child participating in a sex act; records state it depicts a prepubescent girl performing oral sex on an adult woman.

Last month, Drorbaugh pleaded guilty to possession of a single image of child porn, though not necessarily the image described above,

Drorbaugh wasn't jailed after the raid and he was even allowed to continue using a computer, as long as he didn't try to access any pornographic sites. But, as mentioned, his agreement stipulates that he'll serve at least four years in prison, and will have to register as a sex offender when he gets out.

U.S. District Judge Susan R Bolton could give him as many as six years under the agreement, but also has the option to cancel the plea deal if she doesn't believe the agreement or range of prison time is appropriate.

We weren't able to reach Drorbaugh this afternoon, but we did speak with his attorney, Howard Snader.

Snader says that while Drorbaugh "freely acknowledges" that he had child porn on his computer, he says his client wasn't responsible for everything the FBI found on the hard drive.

The man who "introduced" Drorbaugh to child porn apparently downloaded some of the files, Snader says. That man received a nine-year prison term in an unrelated case involving child porn and drugs, he says.

"Mr. Drorbaugh was sloppy about who had access to his computer," Snader says. "(He) has always maintained that the nastier, prepubescent child porn was downloaded by other individuals."

Snader goes on to say, however, that the one picture to which Drorbaugh admitted to possessing was "nasty."

Sounds like Drorbaugh could have done much worse than this plea deal.

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ConcernedCitizenAZ topcommenter

What does this say about sentencing disparity in Arizona? And the taxpayers' liabilities that are unsustainable?  Sentencing disparity in Arizona? Under the Thomas / Aubuchon regime. Taxpayers left with the unsustainable burden of their over 200,000 Felony Cases in one term in office starting Jan. 2005 adding to unnecessary new prison growth? 

Justices Decline Case on 200-Year Sentence for Man Who Possessed Child Pornography

WASHINGTON, Feb. 26 — "An Arizona man who received a 200-year prison sentence for possessing 20 pornographic images of children failed Monday to persuade the Supreme Court to consider whether the sentence was unconstitutionally excessive.

Arizona law imposes a mandatory minimum sentence of 10 years for “sexual exploitation of a minor,” and it requires that sentences for multiple convictions be served consecutively.

The sentence that the man, Morton R. Berger, received was consequently longer than the sentence any other state would have imposed for a similar offense, a justice of the Arizona Supreme Court wrote in an opinion last year dissenting from that court’s decision upholding the 200-year sentence.

A majority of the Arizona Supreme Court declined to examine the aggregate sentence as a whole, instead focusing on the sentence of 10 years for possessing a single pornographic image, which it found was not excessive or disproportionate. It was this aspect of the analysis that Mr. Berger, a 57-year-old former high school teacher, challenged in his appeal to the United States Supreme Court." 

ConcernedCitizenAZ topcommenter

Why not 200 years like the Berger case? Sentencing disparity? Or is the 200 years ridiculous and a taxpayer burden?

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