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WILKES-BARRE — An attorney strongly advocated for credit of two days time served in prison as punishment for her client who admitted to downloading child sexual abuse materials.
But, Luzerne County Judge David W. Lupas said anything less than a prison sentence would diminish the offense.
Thomas Midgley, 76, of Watson Street, Wilkes-Barre Township, was sentenced by Lupas to four-to-23 months at the county correctional facility on six counts of child pornography. Midgley pled guilty to the charges July 17.
Midgley was charged by detectives with the district attorney’s office in November 2023, after investigating a Cybertip from the National Center for Missing and Exploited Children.
The Cybertip involved two children engaged in a sex act, according to court records.
Detectives served a search warrant at Midgley’s residence and seized a laptop computer on Nov. 15, 2023, court records say.
Court records say a forensic analysis of the computer uncovered three images and seven videos of child sexual abuse materials.
During an interview with detectives, Midgley admitted he had viewed child sexual abuse materials for about one year because he was “curious,” and used certain words to search for the lewd materials, court records say.
Midgley’s attorney, Qiana Lehman, strongly advocated for a sentence of two days credit for time served in prison after he was arrested, arguing Midgley’s case differed from other child pornography cases.
Lehman said Midgley has limited knowledge of working a computer, served during the Vietnam War as a U.S. Marine, was honorably discharged, has multiple medical issues including difficulty in hearing, and cooperated with detectives.
Lupas said viewing child sexual abuse material cases are “not victimless” and anyone who views illegal images involving children needs to be held accountable.
Midgley could be eligible for parole upon serving half of the first four months in prison. He must also register his address for 15 years under the state’s Sexual Offender Registration and Notification Act.