LANSING, MI – In a unanimous opinion, the Michigan Court of Appeals ruled in favor of the Muskegon County Prosecutor’s Office position in the ongoing child-pornography case against former Egelston Township Treasurer Brian Lee Hill. The Mukegon Prosecutor charged Hill with “making” or “manufacturing” child pornography, for allegedly downloading photographs of children engaged in sexual acts onto computer discs for his own use.The appeals court held Wednesday that Hill was properly charged with manufacturing child pornography, denying a pretrial motion brought by Hill’s lawyer, who argued that Hill’s charge should have been for simple “possession” of child pornography.
The difference between the two charges boils down to 16 years of jail time; the penalty for possession of child pornography in Michigan is 4 years, while the sentence for manufacturing child pornography is punishable by up to 20 years in prison.
The issue of downloading child pornography had never before been addressed by a higher court in Michigan, which means that the appeals court ruling sets a precedent for the rest of Michigan’s courts to follow.
“It’s groundbreaking law in the area of computers and pornography,” said Prosecutor Tony Tague. “This decision will provide a tool to prosecutors across the state, particularly in curbing and prosecuting child pornography.”
“My office is extremely pleased that the court has made this tool available to us,” Tague added. “It will allow us to ensure that a punishment is given to child pornographers, because they now face up to 20 years as opposed to four.”
An appeal is virtually guaranteed, but the ruling will put Hill’s long-postponed case back on a track for trial. Last August, the court of appeals ordered a delay in Hill’s trial, which had been set for August 23rd, so the court could weigh the previously undecided issue of what constitutes “making” child porn, vs. “possessing” child porn.
Hill, who resigned from his position as treasurer of Egelston Township by in November, has been charged with five counts of making or producing “child sexually abusive material” and five counts of using a computer to commit those crimes. The five counts of using a computer to commit a crime carry up to a 20-year sentence, as well.
The child porn counts resulted from police searches of computers in Hill’s home, which allegedly contained pictures of young boys participating in sex acts. According to police sources, the images were downloaded from “commercial websites.”
Hill also faces three counts of eavesdropping by installing a video device, a two-year felony, for allegedly planting a hidden camera in the shower of his home, in order to spy on teenage male exchange students Hill was hosting.
