FOR IMMEDIATE RELEASE
Thursday, December 13, 2007
JAMES THORNE SENTENCED IN U.S. DISTRICT COURT
Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Missoula, on December 13, 2007, before Chief U.S. District Judge Donald W. Molloy, JAMES THORNE, a 42-year-old resident of Kalispell, appeared for sentencing. THORNE was sentenced to a term of:
- Prison: 360 months
- Special Assessment: $400
- Forfeiture: computer equipment
- Supervised Release: lifetime
THORNE was sentenced in connection with his guilty plea to sexual exploitation of children and receipt and possession of child pornography.
In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:
On August 5, 2006, a parent contacted the Flathead County Sheriff's Office regarding a possible sexual assault committed against her two and one-half year old son while attending a daycare operated by THORNE and his wife in Kalispell.
The child's mother stated that during the last month the child had not wanted to be dropped off at the daycare and he had also not wanted contact with adult males during the last several weeks. The child also told her that he did not want to go to the bathroom. When asked why, he stated to her that "Jimmy does this to him," and proceeded to pull his penis and scrotum and the child then stated that "it hurts when Jimmy does it." The child told his mother that this occurred in the bathroom when he was alone with THORNE.
Detectives from the Flathead County Sheriff's Office went to THORNE'S residence and spoke with him. THORNE denied any inappropriate sexual contact with the child and the detectives seized computers from his residence for analysis. Found during the analysis were numerous images of child pornography THORNE had received via the Internet and kept in his possession. Also found were numerous images and movies sexually explicit in nature of young male children in THORNE'S care that THORNE had taken. The sexually explicit images were taken by THORNE during 2006, and some specifically in April of 2006, at his residence.
On August 10, 2006, one of the detectives was informed by a DPHHS worker
THORNE residence earlier on that day for the purposes of establishing a safety plan for foster children that had been placed with the THORNES. At that time, the DPHHS worker was informed by THORNE'S mother-in-law that THORNE had admitted to her the previous evening that he had taken nude photographs of his nephews.
On August 14, 2006, the detective returned to the THORNE residence to speak with THORNE'S wife and his mother-in-law regarding a statement THORNE made to his wife on August 10th. THORNE'S wife stated that THORNE admitted to having taken naked pictures of the child while he or the child were performing a sexual act. The sexual act was photographed and THORNE downloaded the image to his computer. He further admitted to having photographed another child nude and he that he also downloaded those images to his computer.
When questioned, one of the children told the detective that THORNE took the photographs of him (the child) in underwear, then would download the pictures of the child and sell the underwear on E-Bay. The child said on multiple occasions while having his photograph taken, THORNE would need to place his hand on his "privates" and rub up and down in order for his "privates" to look better in the underwear, which the child did not like. The child recalled also that THORNE placed his mouth on his "privates" and sucked on them.
A detective confirmed with THORNE'S wife and mother-in-law that THORNE had an online business in which he sold boys' underwear on E-bay. He would purchase the underwear from out of the country, have his nephews model the underwear, photograph them in the underwear, then download the images onto his computer in order to sell the underwear on E-bay. When interviewed, the other child also reported that THORNE had taken sexually explicit photographs of him.
The images found on the numerous computer items included children clearly under the age of twelve, children engaged in sadistic or violent sexual activity, and numerous images of known victims.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that THORNE will likely serve all of the time imposed by the court. In the federal system, THORNE does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
Assistant U.S. Attorney Marcia K. Hurd prosecuted the case for the United States.
The investigation was a cooperative effort between the Flathead County Sheriff's Office and the U.S. Immigration and Customs Enforcement.
This case was brought as part of Project Safe Childhood. In February 2006, the Department of Justice launched Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States 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/.
