INDIANAPOLIS, Ind. (Nov. 13, 2015)-- Attorneys for ex-Subway spokesman Jared Fogle filed sentencing paperwork, asking the judge to sentence him to five years in his child porn case.
The request comes as prosecutors ask the judge for the maximum sentence of 12 and a half years.
Defense attorneys said Fogle will testify at his sentencing hearing on Thursday and tell a federal judge he is “profoundly sorry for what he has done.”
Attorneys also believe that federal sentencing guidelines and enhancements subject Fogle to more time in prison than should be allowed.
“Mr. Fogle has not, nor will he now try to minimize the troubling nature of his conduct. That said, in determining his sentence, it is important to recognize both what Mr. Fogle did and what he did not do.”
Attorneys said Fogle got images of minors from co-conspirator Russell Taylor, but he did not produce them. They claim he’s unlike other defendants that have traded child porn, receiving some images that he did not request.
Defense attorneys believe federal sentencing guidelines and enhancements are too harsh for 2015, like an enhancement for crimes committed on a computer or an enhancement for having more than 600 images.
“The number of images really doesn’t demonstrate that someone is a more serious perpetrator because there’s no cost involved in producing images,” said Ross Thomas, a criminal defense attorney in Indianapolis.
Thomas is not involved with the case, but he’s defended other federal child porn cases. He said sometimes a tough sentence may not be the best resolution.
“The court should always look at the full picture of what got that person in that position as well as are they likely to be rehabilitated at some point,” said Thomas.
Fogle will not be the only one to take the stand before the judge next week. Those who’ve treated Fogle will do so, as well. According to court documents, Fogle suffers from hypersexuality and alcohol abuse/dependence.
Lawyers said Fogle’s sought treatment from multiple experts and even attended Sex Addicts Anonymous meetings twice a week in Indianapolis.
“He is taking every step possible to ensure that he never engages in any such conduct in the future.”
The sentencing hearing is scheduled for next Thursday morning at 9 a.m.
Fogle’s already paid a total of $1.4 million in restitution to 14 identified victims.