Judge: Man sentenced for 'obscene' journal can't change guilty plea

By The Associated Press

09.05.01

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Editor's note: Franklin County Common Pleas Judge Nodine Miller on Oct. 19 upheld the ruling she made in September that Brian Dalton could not change his plea. Dalton's attorneys filed an appeal in November.

COLUMBUS, Ohio — A man sentenced to prison for writing fantasies in his personal journal about torturing and molesting children cannot change his guilty plea, a judge ruled yesterday.

Franklin County Judge Nodine Miller said Brian Dalton did not demonstrate a "manifest injustice" had taken place.

Dalton, 22, had asked to withdraw his guilty plea, saying it was not made knowingly or intelligently, and that he was expecting to be sentenced to treatment, not 10 years in prison.

The case alarmed experts in First Amendment and obscenity law, who believe Dalton is the first person in the country successfully prosecuted for simply writing what was judged to be child pornography.

"Definitely this is a matter of grave constitutional concerns," said attorney Benson Wolman, a former executive director of the American Civil Liberties Union of Ohio. He said he would ask the court to set aside Dalton's conviction, or file a delayed appeal.

Prosecutor Ron O'Brien declined comment yesterday.

Dalton was charged after his parents discovered the journal in his home and gave it to authorities. Police at first worried the stories were real but found no evidence of victims. Dalton said the stories were made up.

Dalton pleaded guilty in July to pandering obscenity involving a minor as part of a plea bargain. His 10-year sentence included three years for violating probation from a 1998 conviction involving pornographic photographs of children.

The judge wrote yesterday in a 20-page ruling that there was no basis for Dalton's "mistaken belief" that he would receive treatment or probation, that he didn't question the constitutionality of the law and that he was represented by competent attorneys.

Dalton was charged under Ohio's child pornography law, which bans possession of obscene material involving children.

Isabella Dixon, Dalton's attorney when the plea was entered, did not return a telephone message seeking comment yesterday. She has said Dalton accepted the plea bargain because he didn't want the writings to become public.

Previous

Man jailed for personal writings asks to withdraw guilty plea
If judge grants motion, ACLU plans to mount First Amendment challenge on behalf of Ohio man sentenced for journal entries about sexually abusing children.  08.03.01

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