Judge hands Jared Fogle 15-year sentence

Jared Fogle
Former Subway pitchman Jared Fogle arrives at the federal courthouse in Indianapolis, Thursday, Nov. 19, 2015. Fogle is due to formally plead guilty and be sentenced on charges of trading child pornography and paying for sex with minors. (AP Photo/Michael Conroy)

INDIANAPOLIS (WISH) — 1:10 P.M. UPDATE:  As the judge debated her sentence, Fogle stood nervously near his attorneys awaiting the verdict.

The judge sentenced Fogle to 188 months or 15.6 years. His sentences are to be served concurrently he will also get lifetime supervised release.

This sentence is more than the prosecution originally called for.

1 P.M. UPDATE:  Prosecutors say there are at least 400 child porn videos related to the Fogle case.

Prosecutors are also calling for Fogle’s co-conspirator, Russel Taylor, a “monster, to serve more than 12 years for making the porn.

Prosecutor said sexual offenders are watching this case. They ask the judge to send a “sobering message” that won’t detract inmates from getting help.

The court will take a five-minute break before the judge sentences Fogle.

12:40 P.M. UPDATE: As Fogle began his testimony he says, “Where do I even try to begin, your honor? I did not understand the consequences of my actions.”

He went on to say, “I owe a huge apology to the people who supported me and my positive messages the last 15 years.”

As Fogle begins to talk about his victims he breaks down in tears.

Not a day will go by where I don’t think about them (victims) and what I did to impact their lives.” Fogle said. “It is my intent to learn from these experiences so that I never, ever do these things again.”

A tearful Fogle finished his testimony and the prosecution took the stand.

12:30 P.M. UPDATE:”No one wants to be Jared Fogle. Anyone with the internet or television has watched him destroy his life,” said the defense.

Fogle’s defense says he doesn’t need more than five years because he’ll have to live with the fact the he has destroyed his life.

“He’s lost everything,” the defense stated.

After hearing some of the defense’s arguments, the judge is rebuking their argument that Fogle isn’t as bad as other predators.

As another defense lawyer said as he spoke on Fogle’s defense, “The hour is late, and I’ll try to be brief.

Fogle’s lawyers say there is “zero chance” that Jared will get out of prison and commit same crimes again.

Fogle takes the stand to give his statement to the judge.

12:15 P.M. UPDATE: Defense uses the word “pathetic dozens of times to explain Fogle’s actions. Saying,”it’s pathetic conduct and no one’s here to defend it,”

The defense also said, “It’s bad conduct, and it’s worse conduct. And it matters when we’re trying to determine the extent of a sentence.”

Nick Natario gave a brief update on the sentencing at noon. Watch what he had to say about the proceedings below.

For live updates on the sentencing follow 24-Hour News 8 reporters Tim McNicholas,Bennett Haeberle and Nick Natario.

12 P.M. UPDATE: Fogle’s lawyer said there’s no evidence Fogle was involved in the production of the child porn he received. Lawyer also said Fogle did not “affirmatively request this material.” Judge says “What’s the difference” if he still looked at it?

11:45 A.M. UPDATE: Prosecutors called a police detective to testify. Darin Odier works with both Indianapolis Metropolitan Police Department and the FBI.

Prosecutors went through graphic text message conversations between Fogle and a minor prostitute.

In one conversation with a prostitute, prosecutors said Fogle defended his desire for teen girls by saying they’re already in high school.

“I’ll pay you big for a 14 or 15 year old,” one of the texts read.

Texts indicated Fogle would pay a $400 finder’s fee to get minors to him, and then would pay the minors $300 per session.

11:30 A.M. UPDATE: Dr. May, after completing a “sexual history” for Fogle, said, “He was very ashamed, very remorseful, really seemed to have an understanding right away how damaging that before could be” to kids.

May also said he thought Fogle had “a lot of additional work” to do, and he wanted to spend more time on his treatment.

Defense attorneys said they would like Fogle to spend his prison time in Colorado in order to continue working with Dr. May.

The prosecution has taken over, now talking to May.

11:15 A.M. UPDATE: Although Dr. Bradford said Fogle has a desire for teenagers, prosecutors said some of the pornography Fogle received included children as young as 6 years old.

Prosecutors also said Fogle paid $12,000 per year for prostitutes, and that he slept with prostitutes under the age of 18 six times.

The defense next called Dr. Rick May, a psychologist from Colorado who is appearing in person.

11:00 A.M. UPDATE: During cross examination Dr. Bradford said with medication, therapy and sexual training Fogle can deal with his problems.

He said it is hard to gauge if he will have a repeat of his crimes because his crimes are “more normal than someone having sex with an 11-year-old.”

After being questioned by the prosecution, Dr. Bradford says “mild” pedophilia is not a term that is officially recognized in his field.

10:45 A.M. UPDATE: Dr. Bradford said he believes Fogle’s weight loss played into his problem. The loss developed his hypersexuality.

He also said that Fogle suffers from “mild pedophilia,” and has no desire for children, but teens brought on by porn.

Dr. Bradford says Fogle admitted to having fantasies of girls younger than 16, but there’s no evidence of him acting on those fantasies.

10:35 A.M. UPDATE: Dr. Bradford said Fogle admitted to sleeping with 16 and 17 year olds and he wanted a 14-year-old, but that never happened. Fogle also said he desires girls 14 to 17 year olds.

Dr. Bradford also told the court that Fogle told him he had extensive collection of pornography in college. Fogle also showed evidence of hypersexuality in tests.

10:25 A.M. UPDATE: Dr. John Bradford and another expert are testifying for the defense. Dr. Bradford says he has extensive experience studying sexual deviations and he has done an evaluation on Fogle.

Fogle is expected to make a statement after experts speak.

10:15 A.M. UPDATE:  Court resumes.

9:55 A.M. UPDATE:  Fogle was on the stand for over 45 minutes before he officially pleaded guilty to one count of conspiracy to distribute child porn and two counts of traveling to illicit sex with a minor.

The judge accepted the guilty plea and ordered a break before the sentencing gets underway.

9:45 A.M. UPDATE:  The judge was going over the details of the plea agreement and Fogle’s admission that he received child porn from Russel Taylor. The judge said “The images and videos were produced using hidden cameras in Taylor’s residence.”

Judge said one of the videos included a six-year-old victim.

As the judge spoke about the accusations Fogle appeared to be uncomfortable.

The judge also goes over the details of Fogle’s trip to New York.

Fogle tells the judge all of the evidence she discussed, child porn and traveling to sleep with minors, is true.

9:40 A.M. UPDATE:  The judge was still reviewing the procedures to Fogle’s case and what punishment he faces. Fogle was still at the podium. Fogle’s lawyers say they have made all expected restitution payments. However, the judge said that nothing in the plea agreement keeps the victims from receiving additional restitution.

9:30 A.M. UPDATE:  Fogle’s lawyers ask for exemption allowing Jared to be allowed unsupervised meetings with his own kids during supervised release.

9:15 A.M. UPDATE: Jared tells the judge that he has not recently been treated for any addictions to alcohol or narcotics. The judge also reads Fogle the charges and what prison sentence he faces.

9 A.M. UPDATE Fogle’s sentencing starts right on time at 9 a.m. Fogle’s defense team says he wishes to plead guilty and receive a sentence today. Jared also took the stand, he was placed under oath.

Thursday morning, Jared Fogle will learn how long he’ll spend behind bars.

A judge will sentence the former Subway pitchman for the sex crimes he’s agreed to admit to in a plea deal. Fogle could face five to 50 years in prison. The decision will be up to Federal Judge Tanya Walton Pratt.

Fogle was seen walking into the federal courthouse just after 8 a.m.

The prosecution recommended Pratt give Fogle a sentence of 12.5 years, and Fogle’s attorneys have asked for the minimum five years. Fogle agreed to plead guilty to a child pornography charge and to traveling across state lines to have sex with minors. Investigators said Fogle paid for sex with underage girls, even while traveling for his work with Subway.

Cameras capture Jared Fogle as he walks into the federal courthouse in Indianapolis. (WISH Photo/John Lesage)
Cameras capture Jared Fogle as he walks into the federal courthouse in Indianapolis. (WISH Photo/John Lesage)

Prosecutors also said Fogle received pornography from the former head of The Jared Foundation, Russell Taylor. Investigators said Taylor made child pornography, and gave it to Fogle.

“Fogle has sacrificed absolutely everything he had built — including his family — to engage in sexually explicit conduct with two minors. He emboldened a molester and a producer of child pornography. He allowed Taylor to produce child pornography because of his own sexual attractions. He did this even though he actually knew some of the children in Taylor’s recordings,” said federal prosecutors in a pre-sentencing memo filed last week.

Prosecutors say there were 14 victims in all.

Court documents show Fogle plans to speak in the courtroom Thursday. A pre-sentencing memo said Fogle will tell the court he is “profoundly sorry for what he has done.”

The defense plans to have a psychiatrist and doctor testify that Fogle suffers from hypersexuality and alcohol abuse/dependence. A psychiatrist also identified weak evidence of pedophilia. Court documents show the psychiatrist calls Fogle “very treatable.” The defense says Fogle has gone through a four week treatment program already, and plans to continue to get help.

“An unnecessarily long term of imprisonment will likely hamper or at least delay Mr. Fogle receiving the full benefit of such treatment,” Fogle’s attorneys argued in a pre-sentencing memo.

The prosecution will argue for the longer sentence, to “protect the public” from any more crimes.

“…it is true Fogle argues that he is at a low risk to recidivate. However, he is more likely to recidivate than others convicted of non-contact child pornography offenses because of his repeated offenses efforts to obtain and use protsituted minors,” said federal prosecutors in a pre-sentencing memo.

No matter the sentence, prosecutors say they want Fogle to be under supervised release for the rest of his life. After his time in prison, they’re asking for remote computer monitoring, no unsupervised time with children, and searches of his home and electronics. Fogle will also have to register as a sex offender.

If investigators ever find more victims or evidence of more crimes, Fogle could face additional charges later.

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