James Say

Say

A California man diagnosed as mentally ill will spend 20 years in federal prison for child pornography crimes.

Chief U.S. District Judge Richard Cebull on Wednesday sentenced James Jay Say, 34, of Buena Park, to two concurrent 20-year terms and a lifetime of supervised release.

The judge found Say guilty of advertising and distributing child porn after a bench trial last September. The issue at trial was whether Say acted knowingly given his mental illness, the judge said in court records.

Cebull departed slightly from a guideline range of 22 to 27 years.

Cebull said the range was too high and noted Say's history of serious mental illness and lack of treatment.

He said evaluations of Say found he had a deviant sexual interest in girls, prompting the need to protect the public. The judge recommended that Say be sent to a prison that could provide mental health treatment and sexual offender treatment.

Say asked the judge to consider that the convictions were his first offense.

Say's attorney, Assistant Federal Defender Dave Merchant, recommended a 15-year term, saying Say was mentally ill, had been abused and seemed to be doing better because of medications he had been receiving.

Say was indicted in October 2010 after a cooperating witness who was logged onto a site that advertised child pornography notified a Billings FBI agent with the Montana Cyber Crime Task Force.

An investigation led to Say and his computer, which law enforcement officers found in a cubicle that Say rented in a mostly vacant strip mall, court records said. Say told investigators he was homeless, sleeping at the office space and had been researching child porn for a church for which he was a minister. 

 

 

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