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Elliston man gets 5 years on child porn charges

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Kenneth Hall of Elliston apologized profusely for subscribing to a child pornography Web site, then was sentenced to five years in prison for the felony offense Friday in U.S. District Court in Helena.

"I am solely responsible for the commission of these crimes. Had I known at the time I was hurting children I never would have done so," said the 64-year-old Hall. "I have also realized I've caused a tremendous amount of pain to my partner and other people in town. It was a terrible thing to do, and I apologize."

Hall was allowed to remain free temporarily, but he must report to prison to serve his sentence whenever he's called by federal marshals, under the sentence handed down by visiting federal court Senior Judge Justin Quackenbush.

Hall is a retired Montana Department of Transportation employee who came to federal law enforcement officials' attention during the past two years as part of Operation Flicker, an investigation into 18 commercial child pornography sites on the Internet. The organization uses PayPal accounts in various business names to process payments for access to these member-restricted sites.

Agents made numerous undercover purchases from the organization's various Web sites and also sent leads to field offices to investigate local purchasers. An agent was assigned to a lead involving Hall as a purchaser.

Officers reported that on Dec. 3, 2006, Hall paid $79.95 for a 30-day subscription to a restricted Web site with the subject identified as "Boys Say Go," which was one operated by the organization under investigation.

On July 23, 2007, agents went to Hall's home in Elliston and seized his computer. An examination of the computer showed evidence of his membership, as well as visits to the Web site. Images contained on the site showed prepubescent children and children younger than 12, as well as images of sadistic or masochistic conduct or other depictions of violence.

Hall had been indicted by a federal grand jury that summer, but he didn't make his initial court appearance until October. That delay allowed him to finish his stint as a campground manager in the Dixie National Forest near Bryce Canyon, Utah, according to court paperwork.

"Did you ever pause and reflect, Mr. Hall, on the abuse heaped upon those children depicted in the videos or pictures?" Quackenbush asked.

"Not until afterward," Hall replied. "When I saw them I said to myself 'My God, this is horrible, it's torture, like the old side shows they used to have in the circus.'"

"But you did subscribe," the judge said.

"I did subscribe to one," Hall answered.

Numerous friends and family members wrote letters in support of Hall, describing him as a kind, thoughtful and generous man, whose goal after retirement was to be involved in volunteer work. But he also struggled with depression and mental health issues as an adult, and in late 2005 his depressive disorder was so great that the state allowed him to work from home to prevent a relapse. It was during that time that he apparently began viewing the child pornography, according to court documents.

After his release from prison, Hall will be under the supervision of a probation officer for seven years. Quackenbush said that even though Hall has no history of hands-on child abuse, while on probation he won't be allowed anywhere near children younger than 18 without the presence of another adult. While he will be allowed to use a computer, he must give his probation officer all the passwords. Hall also must register as a sexual offender, and seek treatment.

"They would not be making (child pornography) movies if there weren't people out there subscribing to them," Quackenbush said. "A five-year sentence in a case such as this, strictly a possession case, is an appropriate deterrent both to Mr. Hall and to others."

Eve Byron: 447-4076 or eve.byron@helenair.com

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