Friday, November 23, 2007

Angry judge revokes probation, sends former choirmaster to jail

Calling a former choirmaster at a Mays Chapel church "one of the most disgusting human beings I've ever had in my presence," an angry District Court judge revoked his probation and sent him to jail for possession of child pornography -- a move that is likely to be appealed to the Circuit Court.

"Sir, you are unworthy of a probation before judgment," District Court Judge Bruce Lamdin said prior to revoking the probation of David Riley.

Riley was ordered to serve a year in jail and pay a $2,500 fine.

Those terms had been suspended by Lamdin as part of a probation before judgment sentence in July.

An obviously angry Lamdin said he called the violation of probation hearing because he was not receiving reports on Riley's required counseling sessions and because of a four-page letter Riley wrote to parishioners of his former church, St. Stephen's Traditional Episcopal Church in Mays Chapel.

It was a sentence that Lamdin said had haunted him.

"This is the only case in the last five years that I've second-guessed myself on," Lamdin said.

In addition to his own self-doubt, Lamdin said neighbors and friends also had questioned him about Riley's probation sentence.

"Sir, my intention at the beginning was to jail you," Lamdin said. "Based on what I have before me, I made a mistake."

Several times during the proceeding, Riley, who turned 60 the day before, attempted to interject himself into Lamdin's comments. At one point, Riley appeared to chuckle -- a sound that drew a rebuke from Lamdin. At other times, Riley merely tried to interrupt.

"I am not done," Lamdin said. "This is not your class."

In 2006, contractors hired to paint Riley's Bare Hills home called police after finding photos, some depicting acts that Mix described as "sadomasochistic" on boys ages 10 to 18. Police confiscated computer equipment and nearly 8,000 photos stored in "chest-high stacks throughout upstairs rooms," according to court records.

Riley was sentenced to probation before judgment July 31 after entering an Alford plea on a charge of possession of child pornography. An Alford plea recognizes that prosecutors have enough evidence to obtain a conviction, but is not an admission of guilt.

Under the terms of the probation, Riley was ordered to attend therapy sessions, and monthly reports were to be sent to Lamdin.

Lamdin said he had not received any reports and that it appeared that Riley did not attend counseling sessions in August. He described letters from the therapist, provided before the hearing, as "summaries" and not reports.

Lamdin also was angered by a four-page letter in which Riley downplayed the case against him and portrayed the judge as being part of an effort to make the case disappear through a light sentence.

Holding a copy of the letter marked up in yellow highlighter, Lamdin described the letter as "distortions of the truth and total lies."

From the outset it was clear that Lamdin intended to revoke Riley's probation. Still, Riley seemed shocked when Lamdin asked Thomas Tompsett, an assistant state's attorney, if he had "anything to say before I send this man to jail."

Riley, who was standing, then leaned forward, his palms flat on the table and his head down and could be heard saying, "Oh God."

Later, Riley referred to his actions as "arrogant" and call himself a "jerk." He tried to explain his actions, saying that it was not his intent to misrepresent his case or imply any impropriety on the part of Lamdin.

"I think of myself as an honest, honorable man," Riley said.

Lamdin would have none of it.

"You are just like every other pedophile that has come before me," Lamdin said.

Riley countered that he was not a pedophile. He said a comment he made in an earlier hearing about using the pictures for his own pleasure was misconstrued.

"My sexual experiences have not been in this area," he said.

Not long after that, a bailiff handcuffed Riley's hands behind his back and led him out of the courtroom.

A handful of parishioners from the church who attended the hearing seemed satisfied with the outcome.

"He's guilty, he's guilty," said Marina Milliken, who said Riley was like a second father to her son when he was in the choir. "I didn't see any remorse."

Other church members gathered around a bench outside the courtroom, one woman visibly upset, and waited to look at a 2-inch stack of photos Lamdin ordered Riley to turn over.

Moments later, Tompsett ushered the group into a small room furnished with desk and a few chairs, and the door was closed.

Outside the courthouse, G. Warren Mix, Riley's attorney, explained that an appeal is likely.

Riley has 30 days to file such an appeal. He also could ask Lamdin to reconsider the sentence, something Mix believed Lamdin was unlikely to be willing to do.

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