Although he came to Schuylkill County Court on Tuesday to be sentenced, alleged child pornographer Kenneth T. Lipiec instead withdrew his guilty plea when the judge indicated he would not accept the proposed sentence that was part of the plea agreement.
Lipiec, 64, of Shenandoah, had been scheduled to be sentenced on five counts of sexual abuse of children-child pornography and one of criminal use of a communication facility, charges to which he had pleaded guilty on Feb. 17. Prosecutors had withdrawn two additional counts of sexual abuse of children-child pornography and one of criminal use of a communication facility.
However, President Judge William E. Baldwin told Assistant District Attorney Debra A. Smith and Joseph P. Nahas Jr., Frackville, Lipiec’s lawyer, that he would not accept the proposed sentence of three to 23 months in prison, with the three-month minimum to be served on house arrest.
“It’s not a minor thing,” Baldwin said of the crime. “Three months of electronic monitoring doesn’t seem appropriate to me.”
A judge has the right to reject a proposed guilty plea agreement, although he must then give the defendant the option of withdrawing his plea.
Smith and Nahas resumed negotiations, but Baldwin also rejected a second proposed sentence of six to 23 months in prison, with the six months to be served on house arrest, plus 12 months consecutive probation. At that point, Lipiec talked further with Nahas and decided to withdraw his plea.
Prosecutors have the options of taking the case to trial or negotiating a new plea agreement with Lipiec.
The state police Bureau of Criminal Investigation has charged that Lipiec possessed the child porn, and used his computer to obtain it, between Jan. 1, 2015, and Feb. 13, 2015.
Police said computer technicians at a local company found images of child pornography on Lipiec’s computer. Police said they investigated the matter and determined that Lipiec had at least seven images of child pornography that he downloaded over the internet.