Prosecutors call quadriplegia a "prison" so convicted man not incarcerated

From The Buffalo News Dec. 1: (Thanks to Maggie for the tip.)

When federal agents and prosecutors first learned about Wayne Schifelbine and his child pornography crimes, their inclination was to put him in prison for a long time.

But then agents discovered something else about the 43-year-old Allegany County man who was using a credit card to buy images from child porn Web sites:
Schifelbine is a quadriplegic.

He cannot walk, requires 24-hour nursing care and spends all his time in his bed or wheelchair. After hearing about his physical disabilities, U. S. Attorney Terrance P. Flynn decided to offer the Belmont man an agreement that would carry no criminal conviction or prison time.

Schifelbine, however, will forfeit $50,000 to the federal government and his use of the Internet will be restricted.

Had he been prosecuted criminally, Schifelbine could have faced 10 years or more in federal prison.

“Child pornography is a very serious crime that hurts children. But in this case, we came to the conclusion that no punishment in federal prison could compare to the punishment that has already been inflicted on this man,” Flynn said. “You could say that he’s already in prison for life.”

Schifelbine’s attorney, Joel L. Daniels, calls the case one of the saddest he’s seen in 44 years as a lawyer.

Both he and Flynn also call it a classic illustration of the dark side of the Internet.

Schifelbine, a former factory worker who suffered severe spinal cord injuries in a 1999 construction accident, has no record of molesting children. He received and looked at child porn, but did not create the material.

Even if he wanted to — which he does not — Schifelbine is physically incapable of molesting children, his attorney said.

“He was looking at adult Web sites, and came across this [child pornography] material, and he became interested in it,” Daniels said. “It’s very unfortunate, and he feels terrible about it.

“Years ago, before the Internet, a man in his position would never have the opportunity to look at this stuff. But because he had access to a computer, he could obtain it in seconds.”

Flynn, who usually takes a very hard line on child porn prosecutions, said he agreed with Daniels’ assessment of the situation.

At the same time, Flynn emphasized that he does not condone the actions of Schifelbine or anyone else who looks at child pornography.

“The men who buy or look at child pornography are the ones who create the market for it,” Flynn said. “Ultimately, the federal prison system could have made accommodations for this man. But our thought was, what purpose would that serve?”
Federal prosecutors said Schifelbine’s case is unique in Western New York, but with Internet child porn continuing to proliferate worldwide, they expect to face difficult dilemmas like this one in the future.

Through his attorney, Schifelbine, a divorced father of two, declined to be interviewed for this story.

Schifelbine has been disabled since July 1999, when he fell through a skylight while doing construction work at a plant in Dansville. He suffered a severe spinal injury and cannot use his legs or his right arm or hand. He has “very limited” movement in his left arm, but cannot pick up a penny or write his name, Daniels said.

“He has a registered nurse and home health care aides who provide him with care 24 hours a day,” Daniels said. “Wayne cannot be alone.”

Schifelbine got a “substantial” financial settlement after his accidental fall, and paying the $50,000 forfeiture is not a problem for him, Daniels said.

Officials at the National Center for Missing and Exploited Children usually advocate for the toughest punishment for child porn offenders, including those who only view the material. But in this case, the organization’s Buffalo representative said she understands why Flynn declined to prosecute.

“Terry Flynn has been very aggressive in prosecuting these cases. He’s been a champion for the rights of abused children,” said Patricia McLain, Western New York program director for the national center. “We would certainly defer to his judgment in this case . . . Clearly, there are extenuating circumstances.”

McLain said she strongly agrees with Flynn’s position that the people who look at child pornography make the problem grow by creating a market for it.

When he learned that Schifelbine was under investigation, Daniels put together an extensive packet of medical information on his client and turned it over to prosecutors. He also hired Buffalo videographer Harv Moore to put together a videotape showing — in painful detail — what Schifelbine goes through in the course of a normal day.

“We brought some information to the attention of the U. S. Attorneys, and ultimately, they did the right thing,” Daniels said. “We commend them.”