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Weatherly man gets 6- to 12-month term for child porn

A Weatherly man was sentenced to a county prison term on Thursday on child pornography charges, but the sentence is well below what he could have received.

James G. Kessell, 61, of 527 Sixth St., was sentenced to serve six to 12 months in the county prison by Judge Joseph J. Matika on charges of disseminating child pornography and criminal use of a communication facility and three counts of possessing child pornography. The prison term will be followed by one year of probation. He previously pleaded to the charges.Matika said he took into consideration what Kessell has done since his arrest on the charges and his dedicated life of serving his country.The Attorney General office filed the charges following an investigation by the Office of Attorney General's Child Predator Section.During an investigation into the online sexual abuse of children, agents discovered suspected child pornography distributed through a file sharing service.The investigation led agents from the AG office and the Weatherly Police Department to execute a search warrant at Kessell's residence.A preliminary review of Kessell's computer and external hard drive revealed images indicative of child pornography.Kessell was charged with 12 counts of possession of child pornography and one count each of distribution of child pornography and criminal use of a communication facility.Kessell admitted that investigators found at least two videos containing child pornography.Defense Attorney Frank W. Nocito, in a lengthy presentation, noted that Kessell was a 20-year service veteran and worked for another 10 years at the Tobyhanna Army Depot in serving his country. He also said Kessell had experienced mental health problems that contributed to what happened in the case.Nocito then outlined the treatment Kessell underwent since his arrest, the counseling he has received and continues to receive. He said when he began experiencing his health problems he turned to self-medication, alcohol abuse and the viewing of child pornography.Kessell told Matika, "I know what I did was wrong. I apologize to the kids depicted and my family." He claimed that when he first sought help for his mental health problem - depression - he was given the wrong medication. That was when he turned to alcohol.Matika said in reading the presentence investigation report he found that Kessell had done a lot of good in his life in his service to his country and in raising his family. He added, "Sometimes good people do bad things." He said he was taking into consideration all that Kessell has done since his arrest to address his problem. He said he also notes that Kessell immediately took responsibility for his actions when first confronted by police.He said, "I have a decorated veteran before me that did some bad things."The charges fall under the provisions of Megan's Law. Kessell was evaluated by the state sexual offenders assessment board and found not to be a violent sexual predator. Because of that determination, Kessell will have to register as a sexual offender for 25 years rather than for life.In addition to the jail term, Matika ordered Kessell to continue his counseling sessions, submit to a sexual offenders evaluation, get a mental health evaluation, render a total of 100 hours of community service, supply a DNA sample, pay a $50 per month supervision fee, pay court costs of about $1,000, and have no access to the Internet.He will begin the jail term on Jan. 27 at 9 a.m.