Home Phoenix Press Releases 2012 Two Tucson Men Appear in Federal Court to Face Child Pornography Charges
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Two Tucson Men Appear in Federal Court to Face Child Pornography Charges

U.S. Attorney’s Office February 16, 2012
  • District of Arizona (602) 514-7500

TUCSON, AZ—A federal grand jury in Tucson recently returned multi-count indictments against two Tucson men in connection with unrelated child pornography investigations.

Patrick Wayne Martin, 32, of Tucson, Ariz., was indicted for distribution of, possession of, and accessing child pornography. The indictment alleges that between Oct. 15, 2008, and Jan. 9, 2009, Martin distributed and accessed child pornography on the Internet by way of a file-sharing program. Martin is also charged with possession of child pornography. Martin appeared in federal court for arraignment on the charges on Feb. 10, 2012. He entered a plea of not guilty and was released on conditions pending trial.

James Daniel Deback, 40, of Tucson, Ariz., was indicted for possession of child pornography. The indictment alleges that on or about July 7, 2009, Deback knowingly possessed videos and images of minors engaging in sexually explicit conduct. Deback appeared in federal court for arraignment on the charge on Feb. 9, 2012. He also entered a plea of not guilty and was released on conditions pending trial.

A conviction for distribution of child pornography carries a maximum penalty of 20 years’ imprisonment, a $250,000.00 fine, or both. Convictions for possession of child pornography and knowing access with intent to view child pornography carry a maximum penalty of 10 years’ imprisonment. In determining an actual sentence, the District Court Judges will consult the U.S. Sentencing Guidelines, which provide appropriate sentencing ranges. The judge, however, is not bound by those guidelines in determining a sentence.

An indictment is simply a method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until competent evidence is presented to a jury that establishes guilt beyond a reasonable doubt.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, 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 to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

The investigations preceding the indictments in both matters were conducted by the Federal Bureau of Investigation in Tucson. The prosecution of the Patrick Wayne Martin matter is being handled by Carin C. Duryee, Assistant U.S. Attorney, District of Arizona, Tucson. The prosecution of the James Daniel Deback matter is being handled by Carmen F. Corbin, Assistant U.S. Attorney, District of Arizona, Tucson.

CASE NUMBERS: CR- 12-0208-TUC-JGZ (CRP) (Martin)

CR- 12-0051-TUC-DCB (CRP) (Deback)

RELEASE NUMBER: 2012-037(Martin; Deback)

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