Rutland Man Sentenced to 151 Months in Federal Prison for Producing Child Pornography

The Office of the United States Attorney for the District of Vermont stated that Rutland resident Allan Edward Patrick, 58, was sentenced on November 18, 2009 to 151 months in federal prison after his guilty plea to charges that he produced child pornography at his residence, located at 21 Royce Street in Rutland. Because he used his residence to facilitate his criminal conduct, the District Court ordered the defendant to forfeit that residence to the United States. The property is now in the custody of the U.S. Marshals Service. Judge Murtha also ordered the defendant to pay his four minor victims a total of $142,500 in restitution. In addition to his prison term, the defendant will serve a five-year term of supervised release.

The defendant faced a statutory mandatory minimum prison sentence of 120 months. Under the United States Sentencing Guidelines, which are now advisory, the recommended range of imprisonment was 121 to 151 months. In sentencing the defendant to a term of imprisonment at the high end of the advisory Guidelines range, Judge Murtha cited, among other factors, the horrendous nature of his crimes and the fact that his victims were children and therefore particularly vulnerable. The Court declined to adopt the United States’ recommendation for a sentence of 210 months in prison. In doing so, the Court noted the defendant’s willingness to pay restitution to his victims and what the Court found to be his low likelihood of recidivism.

According the indictment, which was redacted before being released to the public, the defendant was accused of producing child pornography involving four minors, identified as Jane Doe #1, Jane Doe #2, Jane Doe #3, and John Doe #1. The incidents involving Jane Doe #1 and John Doe #1 were alleged to have occurred in approximately 2000 and 2002. The incident involving Jane Doe #2 and Jane Doe #3 was alleged to have occurred in approximately 2007. The indictment also charged the defendant with possessing child pornography unrelated to the incidents involving the four victims. The defendant ultimately pled guilty to the charges involving Jane Doe #1 and John Doe #1. According to those charges, the defendant persuaded Jane Doe #1 and John Doe #1 to engage sexually explicit conduct so that he could photograph that conduct.

This case was referred to the United States Attorney’s Office by the State’s Attorney’s Office for Rutland County, which in 2008, filed charges in state court against Patrick based on his alleged sexual misconduct and possession of child pornography. Those charges were later dismissed in favor of federal prosecution. The United States Attorney commended Rutland County State’s Attorney, Marc D. Brierre, for his office’s hard work on this matter. United States Attorney Tristram J. Coffin also praised the Rutland City Police Department and the Federal Bureau of Investigation for their efforts to investigate this matter and ensure a just result.

The United States Attorney noted that this prosecution is part of the U.S. Department of Justice's Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorneys' Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

Assistant United States Attorney Timothy C. Doherty, Jr. is handling the prosecution of this matter. The defendant is represented by attorney Matt Harnett from the law firm Lorentz, Lorentz & Harnett.