Probation for child porn

  • Courtesy Kauai Police Department

    Jeffery Jack

LIHUE — A Waimea man facing child pornography charges has reached a plea bargain that will allow him to avoid spending any more time in jail.

Jeffery Jack, 34, pleaded no contest Tuesday to one felony count of promoting child abuse in the third degree.

The crime punishable by up to five years in jail and a $10,000 fine, but according to the plea bargain, county prosecutors agreed to seek only probation, due to confidential information contained in Jack’s medical records.

Proceedings against Jack were put on hold earlier this year, when Fifth Circuit Judge Kathleen Watanabe granted his attorney’s request for a mental health assessment to be performed by a panel of psychiatrists, who eventually concluded he was fit to stand trial.

The findings of the three-panel medical examination report, like all medical records, are confidential, but some detail contained in the report apparently prompted prosecutors to afford him some degree of leniency.

According to charging documents, Jack originally faced two felony counts — one for each of the two devices he allegedly owned containing child porn.

A Fifth Circuit grand jury indicted Jack in February 2018 on two counts of second-degree promoting child abuse, carrying maximum 10-year jail sentences, for possession of an iPhone and a Samsung tablet, each holding “thirty or more images” of child pornography, at least one of which was of a minor under the age of 12.

One charge was dropped and another reduced in exchange for Jack’s no contest plea.

Prosecutors also agreed to “recommend that the defendant serve no jail due to information received in the HRS Chapter 704 examination,” according to one of the stipulations in the plea bargain Jack signed Tuesday.

The plea agreement also requires Jack to complete a “psychosexual examination,” register as a sex offender for the rest of his life and pay restitution in an amount to be determined later.

He is scheduled to be sentenced to probation in December.

The judge presiding over his case granted Jack permission on Tuesday to visit family on the mainland while he waits for his court date.

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Caleb Loehrer, staff writer, can be reached at 245-0441 or cloehrer@thegardenisland.com.

6 Comments
  1. manongindashadow0711 September 12, 2019 8:57 am Reply

    Are these child abusers using mental health as to get charges drop or a plea bargain? They sure knew what they were doing when they committed the crime.


  2. Joe Public September 12, 2019 10:02 am Reply

    The prosecution office lacks back bone, they and the judicial system on Kauai is a joke.


  3. lynn September 13, 2019 7:45 am Reply

    Exactly what is this island coming to shame on this system non-violent and drug crime offenses get slammed with the max and child molesters get away not right at all


  4. Kauai woman September 13, 2019 9:57 am Reply

    Here it is again! Why are we not tougher on sexual offenders? This is outrageous. Don’t we care about our Keiki??


  5. Not a stanger September 15, 2019 12:42 pm Reply

    I’ve known this young man all his life and although what he’d had on his tablet and phone was vile and inexcusable,I think justice was served. He hasn’t touched any children or adults for that matter. I also know of his medical situation. I’m not trying to justify his actions they were definitely wrong,wrong,wrong. Im praying he can pick himself up learn from this and move on


  6. Mom of 5 September 16, 2019 12:14 pm Reply

    The corruption in the Kauai judicial system is absolutely VILE. People that are innocent are framed, people that are violently guilty get off and have charges dropped. DISGUSTING.


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