December 22, 2014

Medina
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Judge rejects reconsidering decision in child porn case

Attorneys L. Ray Johns, left, and Frank Raso stand with their client, Brandon Price, during a sentencing hearing Thursday morning. Price was sentenced to two years in prison on charges of having and sharing child pornography.  NICK GLUNT/GAZETTE

Attorneys L. Ray Johns, left, and Frank Raso stand with their client, Brandon Price, during a sentencing hearing Thursday morning. Price was sentenced to two years in prison on charges of having and sharing child pornography. NICK GLUNT/GAZETTE

MEDINA — The attorney for a 27-year-old Brunswick man accused of having child pornography asked a judge to reconsider his conviction.

Brandon Price was found guilty in June by Medina County Common Pleas Judge James L. Kimbler after Price chose to forgo a jury trial.

At his sentencing hearing Tuesday, defense attorney L. Ray Jones, of Medina, asked Kimbler to set aside the conviction.

“I would note that there’s no conviction until the sentencing,” attorney L. Ray Jones told the judge, “so I’d ask that the court write ‘not guilty’ and sign it.”

“That’s not going to happen,” Kimbler said. “Nice try, though.”

Price was accused of downloading and sharing pornography from a laptop computer in his family’s George Drive home, which housed a daycare center downstairs.

Kimbler sentenced Price to two years in prison on five counts of pandering sexually oriented material involving minors, which are second-degree felonies punishable by up to eight years in prison each.

Price also was labeled a Tier II sex offender, meaning he must register with the local sheriff’s office twice annually for 25 years.

County Assistant Prosecutor Matt Razavi had asked for a five-year sentence, saying the daycare center was an exacerbating factor to an already heinous crime.

“Some of these videos are of the most disturbing nature,” Razavi said, “showing children in some cases being raped by adults.”

Police said there was no evidence the children at the daycare were depicted in any of the videos.

Razavi said Price maintained his innocence and refused to take responsibility for the pornography, which was found on a laptop in an upstairs bathroom with a computer program actively downloading and sharing the videos.

At the sentencing hearing, Price’s attorneys argued the computer was shared by others in the home and police jumped to conclusions over who was sharing porn. Razavi said Price’s wallet was found on top of the laptop, which implicated him.

“This case is circumstantial,” the judge told the attorneys. “Let’s not re-litigate the facts of this case. I sat through that once, and I don’t want to do that again.”

Kimbler allowed Price to remain free on a signature bond, pending the judge’s decision on a motion asking that Price be allowed to remain free until the appeal process is completed.

Contact reporter Nick Glunt at (330) 721-4048 or nglunt@medina-gazette.com. Follow him on Twitter @ngfalcon.