Sparta lawyer wants child pornography hearing behind closed doors

SPARTA - A Sparta attorney charged with fourth-degree child endangerment has requested that his hearing to enter the state’s pretrial intervention program be held behind closed doors. Superior Court Judge Thomas Critchley Jr. said last week he was “reluctant” to close the hearing for Jeffrey Patti, who was one of 39 people arrested 14 months ago in what authorities called the largest child pornography investigation in state history. Patti, 37, was one of 29 New Jersey residents arrested for possession and/or distribution of child pornography - including a video clip of a Georgia man raping a 5-year-old girl -- via computers from their home. His attorney, Johns S. Furlong, of West Trenton, said Patti is appealing the decision on grounds that statements made at an open PTI hearing could prejudice jurors if the case went to trial. A hearing on the appeal was adjourned this week without a future court date scheduled. Prior to his indictment on the fourth-degree child endangerment charge, the state Attorney General’s Office had first offered Patti PTI, but Furlong said his client rejected the proposal when an “additional condition became problematic.” A grand jury had earlier failed to indict Patti, a married father of two young daughters, on the more severe distribution charge. Instead, he was indicted for receipt of the still photos, a fourth-degree offense, his attorney said. Patti has acknowledged downloading adult pornography depictions on his computer, but attempted to delete them after realizing some included images of children. The judge said Patti’s computer contained “residual computer remains” of child pornography when it was confiscated by law enforcement authorities. “It was a very - and I underline ‘very’ - inappropriate video of a young child in a sex act,” said Critchley, of a clip cited by the prosecution. The state Attorney General’s Office contends Patti downloaded the material knowingly. Furlong, who has represented alleged sex offenders and is co-author of a sourcebook on “Sex Offender Registration and Community Notification,” said his client’s computer was seized “because of a combination of circumstances leading police to believe he downloaded illegal pornography.” When Patti’s computer was analyzed, Furlong said State Police found two “possibly significant images.” The attorney said Patti is anxious to resolve the case and spare his family any additional emotional and financial distress. “We already know what he (Patti) is accused of doing,” said Furlong. “Good judgment would suggest that you don’t download any pornography. Just stay away from pornography - even that which is legal.” Patti received a favorable psychological report in his PTI application and underwent extensive counseling. Furlong wants to prevent the details of the evaluation or sessions from being exposed in open court. As a first-time offender, Patti is eligible for PTI, which cannot be inferred as an admission of guilt, his lawyer said. PTI strives to solve personal problems which tend to result from the conditions that appear to cause crime, and ultimately, to deter future criminal or disorderly behavior by a defendant. If a defendant successfully completes all the conditions of PTI, then the original charges are dismissed and there is no record of conviction. Supervision under the PTI program may average from one to three years. Certain standard conditions are imposed on those accepted into PTI, such as, random urine monitoring, and assessments for fees, penalties and fines. If a defendant does not successfully complete the conditions of PTI, then the defendant is terminated from the PTI program and the case is returned to the trial list. Wyoming had tracked the images of child pornography to 10,500 computer addresses worldwide and 6,000 in the United States including 42 in New Jersey through advanced software. The Georgia man who appears in the video pleaded guilty in 2002 to sexual assault and child pornography charges and is serving 45 years in prison.