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Utah Sentencing Commission defends judge of controversial child porn sentencing

Posted at 10:16 PM, May 18, 2020
and last updated 2020-05-19 00:58:31-04

SALT LAKE CITY – The Utah Sentencing Commission is standing up for a Utah judge who presided over a case that ended with a controversial sentence.

Thursday, Judge Douglas Hogan sentenced Douglas Eugene Saltsman to 210 days in jail. Saltsman pleaded guilty to three charges of sexual exploitation of a minor.

Investigators with the Internet Crimes Against Children Task Force alleged they found more than 13,000 images of child pornography on his electronic devices.

“In the end, he was never convicted of possessing 13,000 images,” said Marshall Thompson, the director of the Utah Sentencing Commission. “He was convicted of possessing three images, which is still very serious and should be taken very seriously.”

The Utah Attorney General’s office prosecuted the case. In a revised statement from what was sent to FOX13 on Sunday, a spokesperson said, “The prosecutor stipulated to the sentence imposed by the court because it was the presumptive sentence under the Sentencing Guidelines.”

The sentence drew the ire of thousands of people. An online petition hoping to recall the judge has received more than 20,000 signatures.

Thompson believes that criticism of the judge isn’t fair.

“The prosecution and the defense and everybody agrees it’s a just outcome. He would have been irresponsible to have done anything otherwise,” Thompson said. “The judge in this case did everything right. That’s the bottom line.”

Thompson referenced the state’s most recent sentencing guidelines published in March. The 67-page document advises judges to consider factors like the severity of the crime and criminal history when deciding on a punishment.

In this case there wasn’t any physical violence.

Thompson also believes in many cases, rehabilitation of defendants outside of prison better serves the community.

“You have to be smart with the way you use incarceration. It’s not about being tough or lenient, it’s about being smart,” Thompson said.

Saltsman will serve the remainder of his sentence in the Salt Lake County jail. For the time being, he avoids any time in the state prison. He faces four years of probation, must register as a sex offender and authorities will monitor his internet usage.

“If he messes up once, he will go to prison for a very, very, very long time,” Thompson said.

Thompson advises concerned citizens to review the sentencing guidelines and to express any concerns with the Utah Sentencing Commission if they feel punishments don’t fit the crime.

“I appreciate everyone’s passion and concern about this topic. The safety of not just our children, but children around the world is incredibly important,” Thompson said.

Click here to view sentencing and release guidelines from the Utah Sentencing Commission.