BishopAccountability.org
	Music Director Rehab Goal: Reduce Jail Time By Martin B. Cassidy Greenwich Times March 18, 2007 http://www.greenwichtime.com/news/local/scn-gt-a1tatesundaymar18,0,2429768.story?coll=green-news-local-headlines As the former Christ Church music director receives treatment at a Minnesota facility for male sex offenders, his lawyer said he hoped that the organist's efforts will win him a lighter sentence for possession of child pornography. This week a federal judge allowed Robert Tate, 65, to be transferred from a Philadelphia facility to a Minnesota-based hospital, Alpha Human Services, which treats sexually deviant behavior on a long-term basis. "Mr. Tate has voluntarily entered into long-term in-patient treatment at Alpha Human Services," said Francis L. O'Reilly of the Bridgeport firm O'Reilly & Shaw. "It is our hope that the sentencing court will take Mr. Tate's extraordinary efforts at rehabilitating himself into consideration at the time of his sentencing." Last month Tate pleaded guilty to possession of child pornography, admitting to having more than 150 sexually explicit images of minors, some of them under the age of 12. The judge also moved back Tate's sentencing from April 12 to sometime in June, O'Reilly said, giving more time to file motions seeking a lesser sentence. "He will be there for a long time," O'Reilly said about Tate's stay in Minnesota. Defense lawyers and a federal probation officer said that medical treatment for psychological, substance abuse, or other problems is just one of the factors that can improve or hurt a defendant's prospects for a lighter sentence. U.S. Probation Department officials complete a pre-sentencing report including recommendations about prison time and other penalties the judge should impose, which weighs rehabilitation efforts along with other factors, said Warren Maxwell, Deputy Chief U.S. Probation Officer in New Haven. Federal courts calculate sentences using two indicators: an offense level, which can be adjusted based on factors, and the criminal history category of the defendant, based on prior crimes and biographical information. In the report, probation officials assign one of six criminal history categories to a defendant based on the nature of the crime, family and employment background, pyschological and substance abuse history, and prior convictions, which can result in a dramatically higher sentence calculation, Maxwell said. Possession of child pornography is a level 4 offense, on the low end of a 43-level range used to categorize serious offenses. Rehabilitation efforts or cooperation with investigators would be considered a mitigating factor to be weighed against aggravating factors such as prior convictions, potential danger to the public and the need to deter future crimes. "If they receive rehabilitation, we would report that to the court and whether or not that is an important factor regarding what the ultimate sentence is," Maxwell said. "That would be just one of many factors, and just going to treatment wouldn't result in a non-guideline sentence." Sometimes, people convicted of child pornography possession can also win lighter sentences if they offer information that can help prosecute those who make or distribute the illegal images, Stephan Seeger, a Stamford based defense attorney, said. "The entire federal system is designed to facilitate criminal defendants cooperating with the FBI to serve their own good when it comes time to sentencing," Seeger said. "Cooperators are rewarded handsomely in the federal court, which seems to be the rule rather than the exception in federal court." Maxwell said if someone offers very valuable information to investigators, a judge has leeway to completely disregard federal sentencing guidelines if he wishes. If prosecutors tell the judge that a defendant has offered "substantial assistance," the judge can choose to disregard guideline requirements, even for crimes where mandatory minimum prison sentences usually apply. In those cases, probation reports may or may not back a deal including a lighter sentence, Maxwell said. Officials at Keystone Extended Care Unit in Philadelphia and the Minneapolis-based Alpha Human Services did not return calls for comment. According to Keystone's Web site, the center uses group therapy and focuses on family issues that might have triggered criminal or unhealthy sexual behavior, as well as developing a relapse prevention plan. According to Alpha's Web site, it is exclusively for the treatment of male sex offenders over 60 to 120 days.
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