Sex case draws probation CJOnline/ The Topeka Capital-Journal
Judge departs downward in Montara Internet sting
By Steve Fry
Published Friday, August 01, 2008
The last of seven men charged in an online sex sting operation was placed on three years of intensive supervised probation Thursday rather than being sentenced to almost five years in prison.
In sentencing Brandon Ryan Mason, 22, Shawnee County District Court Judge Jan Leuenberger departed downward, listing eight factors to justify the action. Mason could have received 59 months in prison under state sentencing guidelines.
SEX STING DEFENDANTS
• Jason Samual Sandberg, 30, electronic solicitation of a child younger than 14 and attempted aggravated criminal sodomy of a child younger than 14, sentenced January 2008 to 15 years and four months.
• Sherfy L. Kemper, 52, electronic solicitation of a child under 14 and attempted rape of a child under 14, sentenced March 2008 to 12 years and 11 months.
• Federico Mendoza, 35, electronic solicitation, sentenced May 2007 to 12 years and three months, suspended to three years of probation.
• Efrain Valenzuela, 31, electronic solicitation, sentenced November 2007 to 10 years.
• Thomas Lynn Hall, 33, electronic solicitation and attempted aggravated criminal sodomy with a child younger than 14, sentenced September 2007 to four years and seven months.
• James R. Hill, 37, convicted in military court-martial, sentenced to four years.
Mason was charged July 12, 2007, with electronic solicitation of a child younger than 16 and attempted aggravated indecent liberties with a child 14 to 16 years old.
In the seven cases, each man and a person identifying herself as a 13- or 14-year-old girl exchanged messages in an online chat room, and the men agreed to drive to a home in Montara for sex. When each man arrived, law enforcement officers took him into custody.
The person posing as the child either was Nikki Delaney, co-owner and operator of U.S. Cyberwatch Inc. (uscyberwatch.com), a nonprofit organization whose mission is to intercept sexual predators hunting child victims, or someone affiliated with U.S. Cyberwatch.
As part of a deal with the district attorney's office, Mason pleaded guilty on Aug. 29, 2007, to the electronic solicitation charge, and the indecent liberties count was dismissed.
Leuenberger on Thursday ordered two special conditions of Mason's probation — that he must continue to receive treatment from a psychologist and a psychiatrist and that his use of a computer is restricted, meaning he can't use it to look for pornography or to go to online chat rooms seeking sex.
In placing Mason on intensive supervised probation, Leuenberger listed eight factors for departing downward in the sentencing guidelines:
• U.S. Cyberwatch was an aggressor and active participant in attempting to lure potential predators.
• Mason changed his mind when he drove to the Montara home and, before he learned police were present, he tried to leave.
• Mason had significantly impaired judgment due to post-traumatic stress disorder linked to basic training in the Kansas Army National Guard and depression.
• The degree of harm was less than a typical offense because there wasn't an actual child involved.
• Mason has a supportive family, there were a large number of letters of support for him, and there were supporters in court Thursday.
• Mason sought treatment soon after he was arrested and has continued it for two years.
• Mason doesn't pose a threat to society, and his best chance of successful treatment is in the community, not in prison.
• Mason is employed and is a productive member of society.
As a result of the sentencing, the Guard started proceedings to separate Mason from the service, said Sharon Watson, Guard spokeswoman.
Mason, a specialist in the Guard, will be given a "general discharge" or the less desirable "other than honorable discharge," Watson said.
In a general discharge, significant negative aspects of a soldier's conduct or performance of duty outweigh the positive aspects of the soldier's military record, a statement issued by Watson said.
In a discharge due to other than honorable conditions, a soldier's release from the service is for misconduct, fraudulent entry, homosexual conduct, unsatisfactory participation or security reasons, the statement said.
A bad conduct discharge from the Guard would require a court-martial, which won't occur in this case, Watson said.
A spokeswoman for District Attorney Robert Hecht said he couldn't comment on Mason's sentencing because Hecht had been in conferences Thursday and hadn't seen details of the sentencing.
Steve Fry can be reached at (785) 295-1206 or steve.fry@cjonline com.
Reader Comments
Posted by: fastgsr40tsi at Aug. 1, 2008 at 6:01:50 am
I wonder how many trolls are going to complain about this judge giving out probation instead of prison being as the judge wasn't Dowd.
Posted by: drsmith at Aug. 1, 2008 at 7:03:50 am
I will complain about this "Mason had significantly impaired judgment due to post-traumatic stress disorder linked to basic training in the Kansas Army National Guard and depression"
Give me a break.
Posted by: jeff1000 at Aug. 1, 2008 at 7:31:50 am
There are a heck of a lot of people with national guard history AND lots who actually served over-seas... where they might get even more severe PTSD since they actually did something more than train. If he can get away with this, wonder what PTSD will let them get away with???
Posted by: nettieb at Aug. 1, 2008 at 7:43:15 am
Um, if the story is correct:
• U.S. Cyberwatch was an aggressor and active participant in attempting to lure potential predators.
• Mason changed his mind when he drove to the Montara home and, before he learned police were present, he tried to leave.
He didn't go through with it BEFORE he knew there were police involved.
I think probation if fine in this case.
Posted by: edwardiv at Aug. 1, 2008 at 7:44:31 am
Getting ptsd from basic? We're supposed to believe that? I'm going to visit this judge and sell her a bridge.
+ 1 Rating
Posted by: bigjohnpowercat at Aug. 1, 2008 at 8:06:16 am
I don't believe the PTSD, but maybe he was dealing with issues before the training that led to it. Some people don't take too much to snap and become a basket case. I do, however, agree that probation is appropriate in this case.
Posted by: nephrt at Aug. 1, 2008 at 8:10:52 am
Are you kidding me and using PTSD, as the reason????? WHAT??
Posted by: foofoo at Aug. 1, 2008 at 8:12:09 am
he didn't yet touch anyone. ISP is fine, as long as it really IS intense! Most PO's are too overworked to check oon thier clients as much as they're supposed to, so ISP officers, please make potential pedophiles a priority. Thank you.
Posted by: nobody at Aug. 1, 2008 at 8:28:26 am
This guy was basically punished for being entrapped into thinking about committing a crime. Orwell's though police are reality.
Posted by: kseyetie at Aug. 1, 2008 at 8:49:48 am
Nobody: As Frank Zappa said, "who are the thought police."
+ 1 Rating
Posted by: whatupdown at Aug. 1, 2008 at 8:56:15 am
Why in the same case did the guy get 11 yrs, this intrapment stuff is crap, some states wont even do it. Syber-watch is king at sucking in poor suckers that would never never do this in real life, they know how to leed/intrap guys, their living depends on it.
Posted by: paiskar at Aug. 1, 2008 at 8:57:46 am
I agree with nettieb - he changed his mind before he knew police were involved and cyberwatch was the agressor - probation is more than reasonable.
In all honesty - if cyberwatch is actively persuing people vs posing as an innocent teen, then maybe cyberwatch deserves a little bit of blame too.
Posted by: Hot_Toe_Picker at Aug. 1, 2008 at 9:00:04 am
I also think that internet stings like this are entrapment and that law enforcement shouldn't allow them to happen. Even "Dateline NBC" has stopped doing their internet stings.
Posted by: robinhood at Aug. 1, 2008 at 9:13:27 am
And by the way, the judge is a male, not a female.
Posted by: dannis at Aug. 1, 2008 at 9:16:21 am
drsmith - You don't know what Brandon went through at his training in Virginia and it was NOT basic training. He was absolutely humiliated by his superiors during that time. Yes, he was and is suffering from PTSD. I have known Brandon all his life. I have been one of a few supporters during this horrible time in his life and have seen the stress he and his family have been through. I will continue to be there for Brandon and his family as they try to put their lives back together and move on.
edwardiv - the judge is a man not a woman!!
Posted by: naturalselection1 at Aug. 1, 2008 at 9:17:36 am
• The degree of harm was less than a typical offense because there wasn't an actual child involved.
Yeah but the creaper believed it was a child and that was his whole intent to even drive over to the house was for a young child.
Posted by: drsmith at Aug. 1, 2008 at 9:34:43 am
I never said I had a problem with probation...but that excuse is a cop out. Humiliated in military training? You don't say? This is a terrible excuse to use. It gets old people blaming everything but themselves for poor choices and criminal activity.
-1 Rating
Posted by: edwardiv at Aug. 1, 2008 at 9:40:23 am
dannis "edwardiv - the judge is a man not a woman!!"
sorry =P I have never met a man named Jan, and the article never uses the masculine "he" when refering to what the judge said, I made the assumption, not that it really changes my view of it.
Just to clarify for some people, He wasn't sentenced for anything he did at the house, it was for electronic solicitation. I'm not saying you have to lock this guy up for life, but at least a couple months in jail. If one guy is going to do 12 years for a crime and another guy convicted of the same thing doesn't even see the inside of a cell what kind of justice is that??
I'd say the same for that other guy who got probation instead of jail too.
Posted by: PaxtonOUT99 at Aug. 1, 2008 at 10:21:20 am
Its somewhat odd that I think the Probation is a good choice.
sometimes when you test the limits of society like this guy did by setting the details up but not following though... eventually he would have followed through had he not been cought and been showed that he can get caught. But he did get caught before he hurt anyone and he has been activly trying to fix his problem...
I got caught speeding one time and was offered a diverson. I paid the diversion and ever sence I have been more attentive to speed limits. greatfull that I was not nailed to the wall for a 13 mph offence, Speed limits are there for the public safety so I was held accountable for my actions before I hurt someone so hopefully I would never hurt someone.
Hopefully he gets help and the lives of his future victims can be spared and his life can be preserved.
Posted by: truthfinder at Aug. 1, 2008 at 10:22:59 am
"It gets old people blaming everything but themselves for poor choices and criminal activity."
This guy is 22 where did you get "old people from"
Are you 12?
-1 Rating
Posted by: r2mcmullen at Aug. 1, 2008 at 10:23:19 am
Bobby Hecht won't be using this on his election campaign!
Posted by: drsmith at Aug. 1, 2008 at 10:27:12 am
truthfinder...obviously you didn't get the context but that can happen sometimes in forums. I wasn't saying he was old I was saying the practice of blaming everyone but yourself gets old. Hopefully that clears that up.
Posted by: rauch67 at Aug. 1, 2008 at 10:37:08 am
truthfinder: "It gets old people blaming..."
He meant, it gets old, people blaming..." meaning, the excuse is old, not the person.
Posted by: rauch67 at Aug. 1, 2008 at 10:38:00 am
truthfinder: "It gets old people blaming..."
He meant, it gets old, people blaming..." meaning, the excuse is old, not the person.
Posted by: whatupdown at Aug. 1, 2008 at 10:39:26 am
As we measure it will be measured to us as a country; justice is... all have this idea of justice in their way; the terrorist to us; some call it karma, what if some damm freak hurts Obama? the blacks will riot and burn all over; juctice... what are we earning in the bigger pic and what example are we setting about justice?
Posted by: HockeyGoon at Aug. 1, 2008 at 10:48:43 am
dannis at Aug. 1, 2008 at 9:16:21 am
drsmith - You don't know what Brandon went through at his training in Virginia and it was NOT basic training. He was absolutely humiliated by his superiors during that time.
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What happened, did they point out his attraction to children?
CJOnline / The Topeka Capital-Journal - Sex case draws probation
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