My opponent in the upcoming district attorney election, Scott Ballard, claims he has been “tough on child molesters,” but I believe that the undisputed facts of the lenient sentences he hands out to accused Internet sex predators cast doubt on his judgment and his qualifications to keep our community safe.

An analysis of 18 high-profile Internet pornography and child exploitation cases resulting from undercover operations in Peachtree City reveals that more than half of these child predators received no jail time.

Specifically, newspaper reports and court documents show that of 18 cases brought as a result of the Peachtree City Police undercover operations, at least 11 accused Internet child predators were allowed to plead guilty and receive no prison time at all.

Rather, they received between 60-120 days in a diversion center which allows the predator to be out during the day and report to the center in the evening, and given a small fine and probation.

Two of these individuals who were allowed to plead guilty were given first offender status, meaning that they will not have a criminal record once their probationary period is completed.

In one of these cases, the district attorney recommended probation only but the presiding judge actually rejected the plea and insisted that the predator be sentenced at least to a detention center.

Allowing 11 accused Internet child predators to plead guilty with no prison time is not being tough on child predators. As a result of the district attorney’s actions, some of these accused predators are out walking the streets today because our district attorney failed to take these cases seriously.

A summary of the 18 cases shows:

Case 1. Miguel Osnaya Velazquez pleaded guilty in March 2006 to violating the Computer Pornography and Child Exploitation Prevention Act of 1999. His sentence included a $1,000 fine, 60-120 days in a diversion center, and 10 years probation during which he was ordered to register as a sex offender. Velazquez never registered and would thus be in violation of his probation.

Case 2. Robert Scott Rankin pleaded guilty in April 2006 to violating the Computer Pornography and Child Exploitation Prevention Act of 1999 and possession of methamphetamine. Rankin was sentenced to approximately $1,000 in fines, 60-120 days in a diversion center and 10 years probation during which he must register as a sex offender.

Case 3. Devanshu Sudhir More pleaded guilty in September 2005 to violating the Computer Pornography and Child Exploitation Prevention Act of 1999. His plea arrangement included a $500 fine, 60-120 days in a diversion center followed by 10 years on probation.

Case 4. Earnest Darryl Dean pleaded guilty in March 2006 to obscene Internet contact with a child and violation of the Computer Pornography and Child Exploitation Prevention Act of 1999. His sentence included 60-120 days in a diversion center and 10 years probation during which he must register as a sex offender. No fine was imposed. He was the superintendent of Pike County Schools.

Case 5. Michael A. White pleaded guilty in March 2006 to violating the Computer Pornography and Child Exploitation Prevention Act of 1999. His sentence included a $1,000 fine, 60-120 days in a diversion center and 10 years probation during which he must register as a sex offender.

Case 6. Daniel Temieta Ubiedi pleaded guilty in March 2005 to obscene Internet contact with a child. His plea arrangement included a $2,000 fine, 60-120 days in a diversion center followed by 10 years on probation during which he must register as a sex offender. The district attorney dismissed the Computer Solicitation of a child for Sexual Acts and allowed Ubiedi to be treated as a “first offender.”

Case 7. Barrett Douglas Peavy pleaded guilty in March 2005 to obscene Internet contact with a child. His plea arrangement included a $2,000 fine, 60-120 days in a diversion center followed by 10 years on probation during which he must register as a sex offender. The district attorney dismissed the Computer Pornography Charge and also allowed Peavy to be treated as a “first offender.”

Case 8. William Christopher Elliott pleaded guilty in March 2005 to obscene Internet contact with a child. His plea arrangement included a $2,000 fine, 60-120 days in a diversion center followed by 10 years on probation during which he must register as a sex offender.

Case 9. Ryan Christopher Cola pleaded guilty in March 2006 to violating the Computer Pornography and Child Exploitation Prevention Act of 1999 and obscene Internet contact with a child. His plea arrangement included a $3,000 fine, and 10 years on probation during which he must register as a sex offender.

Case 10. Brian Lee Carey pleaded guilty in April 2006 to violating the Computer Pornography and Child Exploitation Prevention Act of 1999. Carey was sentenced to a $750 fine, 60-120 days in a diversion center, evaluation and treatment at the Behavioral Medical Institute of Atlanta, group therapy, random polygraph examinations, a $750 fine, and 10 years of probation during which he must register as a sex offender.

Case 11. Peter R. Seckinger: court records show that Scott Ballard’s office offered to allow the 11th man, Peter R. Seckinger, to plead guilty in exchange for 10 years on probation, which would have meant no time in custody. However, the judge in the case refused to accept that plea arrangement and only approved it when the sentence was changed to 180 days in a detention center.

In each of these 11 cases, public records show that the accused child sex predator was allowed to plead guilty and District Attorney Scott Ballard recommended 60 to 120 days in a diversion center or no time in custody, a fine ranging from $750 to $3,000 and 10 years probation.

Please see my website to view the supporting documentation (www.rudjardhayes.com).

Of the remaining cases, Robert Kyle Amerson pleaded guilty and was sentenced to two years in prison but was allowed first offender status and may have his record wiped clear if he serves his prison and probation time without re-offending.

Billy Murphy pleaded guilty and was sentenced to two years in prison for possession of child pornography. Police later learned Murphy had sex with another teenager in another jurisdiction.

Robert Michael Tidwell received two years in prison, possibly because of an earlier sex conviction on his record.

Govinda Basnet pled guilty and received one year in prison.

Only three of these cases went to trial, which included the cases of Scott Selfe, Mahesh Patel and Mohammad Bolton. The convictions in Selfe and Patel have been reversed by the Georgia Appellate Court.

Six of the accused child predators whom Ballard allowed to plead guilty have been identified by the Georgia Bureau of Investigation’s Sex Offender Registry as being on the street. Those men are Peavy, Ubiedi, Dean, Elliott, Carey and Rankin. As noted above, Valazquez never registered.

Given that local juries have been willing to convict every one of these predators who has gone to trial, it is a gross miscarriage of justice for our district attorney to let the majority of these predators go with a slap on the wrist.

These cases were brought as a result of proactive work by the Peachtree City Police Department, who are to be commended for their work to make our community safe. It is shocking to see local law enforcement and our community get the rug pulled out from under us by a district attorney who does not take child sexual predators seriously enough.

We cannot forget that District Attorney Scott Ballard has been criticized in the for his previous decision to travel to South Georgia and testify as a character witness on behalf of a convicted pedophile who molested at least 5 children. Seeking to prevent the convicted child molester from having his probation revoked, Scott Ballard testified “I think he’s a fine fellow who has got a drinking problem that gets him in trouble. He makes terrible decisions and does terrible things when he drinks, but he is an outstanding guy, Judge. He is worth taking a chance on.”

Ballard’s actions in the Internet predator cases indicate that he is willing to take a chance on child predators in our community. I find it unconscionable and reckless to gamble with the safety of our children.

I am asking for your support and vote on July 15, 2008.

Rudjard M. Hayes

Candidate for District Attorney

Tyrone, Georgia