LAKE COUNTY — Former Lake County Juvenile Court public defender Robert Wayne Wiley was sentenced Friday to three years probation and 120 days of home detention for possessing child pornography.
“There is no evidence of any acts other than possession of photographs. Normally in these cases we expect to find something, somewhere ? That is child abuse, because the people having the photographs aid and abet in that abuse,” Visiting judge Vincent Papadakis of Fresno County said in his ruling.
Prosecutor Ed Borg recommended 120 days jail time because Wiley had brought pornographic pictures downloaded from the Internet to court with him on a thumb drive he wore around his neck on a lanyard, where it was easily accessible at all times.
Wiley pleaded guilty Jan. 9 to a felony count of possessing child pornography in a Feb. 27, 2007 incident, where a bailiff found Wiley”s thumb drive in the same courtroom where he was sentenced. A second charge alleging that Wiley was wearing another thumb drive containing pornographic pictures when he was arrested in September 2007 was dropped in a plea bargain.
Borg also referred to letters on file from area attorneys and work acquaintances in support of Wiley and emphasizing his work with children in the court system. Borg said he didn”t disagree with the letters, but said they highlighted the problem.
“What we have is a situation where a person who works with kids has amassed a collection of some thousands of images. In every one of those images is a child that is being sexually abused, and Mr. Wiley”s background in some ways makes that worse, because he should know better, frankly,” Borg said.
Borg also argued that probation was appropriate because Wiley had no criminal history. Papadakis said while he normally opposes home detention, he found it appropriate in this case. He said because of Wiley”s former employment, he would have to be kept in special custody in a jail, “which might impose a penalty beyond what this court finds appropriate.”
Among other standard probation terms, Wiley is required to register as a sex offender. He arranged to register with Detective Mike Curran, a sex crimes investigator with the Lake County Sheriff”s Office, immediately after the hearing. Wiley will not be required to undergo psychiatric evaluation, according to Papadakis” ruling.
Borg said he has not heard back from the California Bar Association about the status of a disciplinary review process regarding possible discipline of Wiley, including the possibility of disbarment.
Wiley”s contracts with the county and state for juvenile public defense were both mutually terminated the day after his arrest, according to the contract holders. Wiley posted $10,000 bail the day of his arrest and was released.
In a previous interview, Lake County Superior Court CEO Mary E. Smith said Wiley”s contract with the state to provide juvenile dependency services was canceled at his Lakeport office.
Wiley was also a juvenile delinquency attorney for Lake County”s public defender system, administered by Stephen Carter through Lake Legal Defense Services. That contract was also mutually terminated, according to a previous interview with Carter.
Wiley”s Lakeport defense attorney, David Markham refused comment outside the courtroom.
Mendocino County probation officers reviewed the case because all of Lake County Superior Court”s judges and the Lake County Probation Department recused themselves from the case.
Contact Tiffany Revelle at trevelle@record-bee.com, or call her directly at 263-5636 ext. 37.
