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	Lawyer Who Destroyed Porn Is Spared Prison By Martin B. Cassidy The Advocate December 18, 2007 http://www.stamfordadvocate.com/news/local/scn-sa-nor.russell2dec18,0,5600712.story?coll=stam-news-local-headlines BRIDGEPORT - A Greenwich attorney escaped prison time yesterday for smashing a laptop computer containing child pornography belonging to former Christ Church Greenwich music director Robert Tate, while prosecutors said they have evidence Tate sexually abused children from Greenwich to Thailand. In U.S. District Court, Judge Alan Nevas berated Philip Russell and church officials for Russell's decision in October 2006 to destroy the computer. Nevas called it a blatantly illegal move to avoid public scandal and stymie federal investigators if they investigated Tate for possession of child pornography. "I am deeply offended that a member of my profession could have acted so irresponsibly," Nevas told Russell, 48. "I thought long and hard about this case, Mr. Russell, because it is very troubling." Nevas sentenced Russell, a Stamford resident who has practiced law in Greenwich since 1986, to 12 months of probation, including six months of electronically monitored home confinement, 240 hours of community service and a $25,000 fine. He had faced a possible 14 months in prison under federal sentencing guidelines. Prosecutors did not recommend a sentence for Russell, but they did provide new details of allegations against Tate yesterday to demonstrate the seriousness of the case. During the proceeding, U.S. Attorney Peter Jongbloed said a former church employee informed investigators about Tate's pedophilia, including sex with New York child prostitutes at his Christ Church apartment and with young boys in Thailand and the Philippines. Tate brought child prostitutes from New York to the church in Greenwich, Nevas said. The alleged sexual abuses occurred from 1972 to 1987, Jongbloed said. The former employee's testimony reflected a pattern of several decades, Nevas said. "I have never seen such an extensive history of child abuse as exhibited by Mr. Tate including trips overseas and bringing child prostitutes from New York to his apartment on church grounds," Nevas said. "It turns your stomach." Nevas also handled the case of former Waterbury Mayor Philip Giordano, who was convicted of molesting two girls. In September, Russell pleaded guilty to one count of a misprision of a felony, admitting he acted illegally by not reporting Tate's child pornography collection and that the destroyed laptop was evidence that should have been preserved. Yesterday, Roy Ward, a former associate in Russell's Greenwich-based firm, asked Nevas to spare Russell prison, saying that the media coverage of the case and his legal misstep had stigmatized Russell. Ward asked Nevas to consider his client's acts of charity and reputation when making a decision. "The message has already been sent and received," Ward said. "You don't know how difficult it is for me to stand here and ask for leniency for a man who has taught me so much." Russell was hired by the church Oct. 9, 2006, after an employee discovered child pornography on a computer belonging to Tate. In a meeting that day, according to prosecutors, Tate said he had downloaded the pictures. Tate was fired, and Russell gave him the name of a defense lawyer, then took the computer back to his office, where he destroyed it, prosecutors said. Jongbloed said Russell's failure to report the crime delayed a search of Tate's apartment, allowing Tate to remove his collection of child pornography. He also said Tate kept a detailed diary, but a portion from 1997 and later was missing and may have been on the computer Russell destroyed. Nevas questioned the motives of church officials, saying they apparently welcomed Russell's advice that the matter could be handled with no public scandal. Russell's attorneys have said Russell's wife and daughter attended the Episcopal church, which had been helpful to his wife when she was ill, and Russell wanted to avoid a scandal. At the hearing, Eugene Riccio, a Greenwich attorney representing Christ Church, sat with Ted Pryor, the senior warden of the parish, in the back row. When Jongbloed said church officials relied on Russell's legal guidance, Nevas said church officials seemed to put their desire to avoid scandal ahead of good judgment. "They were absolutely getting the answer they wanted," Nevas said. "They wanted it to go away." In a telephone interview after the sentencing, Riccio defended the Rev. Jeffrey Walker, the parish's former pastor, Pryor and others involved, saying they had no reason to distrust Russell's advice and had no idea that Tate had allegedly abused children. "The church is faced with a difficult legal situation and really needed the advice of counsel to determine what the course of action should be," Riccio said. "The leadership of the church asked about the familiarity that Mr. Russell had with these types of matters and it asked what should be done." After the sentencing, Russell embraced his wife, Sally, before meeting with federal probation officials. Outside the courtroom after the sentencing, Russell echoed Riccio's claim that no one knew of any allegations of sexual abuses by Tate, but that all had hoped the matter could be settled without a scandal. "Everybody wanted it to go away quietly without the scandal that has now fallen upon us," Russell said. Tate pleaded guilty to one count of possession of child pornography and has been granted permission to receive sex-offender treatment in a Minneapolis facility pending his sentencing Jan. 31. Jongbloed would not say why Tate did not face charges beyond possessing child pornography, but said that issue would be addressed when Tate is sentenced. The uncharged allegations are contained in a presentencing report that is not public. "It's possible that the events were either too remote in time or the victims could not be identified," Ward said. Tate's attorney, Francis O'Reilly, declined comment on the newly disclosed allegations. Robert Morris, 65, a parishioner of Christ Church Greenwich and a friend of the Russell family, said that he was not convinced that Tate had strayed beyond pornography. "To me it is still hearsay," Morris said. "I feel terrible for poor Tate; he is absolutely a desperately lonely man who happens to be a genius." Morris said two of his children were members of Tate-led choirs and received a wonderful musical education. "There is not a lot of forgiveness around for actions like these," Morris said of Tate's conviction. "This is public proof that he possessed a profound failing as well as a profound greatness." Tate, who oversaw the church's renowned choir programs, worked with about 2,000 children in Greenwich during his 34-year career, Jongbloed said. Russell voluntarily surrendered his law license and has turned over his legal practice to his partner James Pastore. Ward said that Russell will face a hearing in front of a state Superior Court judge in which state disciplinary authorities could request he be suspended or disbarred from practicing law. Russell's attorneys said he will likely be disbarred. Russell said he regretted his mistake, but that he looked forward to returning to the practice of criminal law. "I am hopeful it won't take me too long to get my law license back and get back to work doing the work I love and do best," Russell said.
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