Byrne enters ?guilty? plea to felony charge
by Peter Jakey– Managing Editor
Former Rogers City Area Schools superintendent Dan Byrne plead guilty to the felony charge of possessing child pornography at the superintendent?s office last fall. In 53rd Circuit Court Monday Jan. 12. Byrne, 37, testified that ?I saw it on the computer.? A plea agreement between the prosecutor?s office was reached prior to the hearing. ?The plea agreement provides that in exchange for your plea of guilty that the prosecuting attorney?s office will dismiss count two, and the prosecution would not seek a departure from the sentencing guidelines,? said Circuit Judge Scott Pavlich. The second charge was using a computer to commit a crime. The remaining count brings a maximum sentence of four years in prison and/or a $10,000 fine. He will be sentenced February 9.
UNDER OATH, Byrne was required to testify about the crime he committed.
?You said, ?I saw it on a computer,? ? said Pavlich. ?You could be out in public and walk by someone?s laptop.?
Based on the statement, Steiger didn?t believe there was a ?factual basis? to accept the plea. To clarify, Byrne?s defense attorney Roger Bauer asked his client, ?Did you knowingly get on a computer and look at child abusive material??
?Yes,? Byrne replied in a hushed tone. ?Where is this computer at?? asked Pavlich. ?Where were you at when this occurred??
?At central office?central office building,? said Byrne.
STEIGER FOLLOWED up with several questions to ensure that Byrne understood the legal definition of ?child,? and what child sexually abusive material is, and if his attorney had discussed it with him.
?Do you have any doubt that the images you observed were of a child, as legally defined?? asked Steiger.
?Yeah,? said Byrne.
Producing, possessing or distributing images of minors (anyone under the age of 18) engaged in sexual conduct is illegal. Bauer told Pavlich that the images were ?sexually provocative material involving children under 18.? The prosecutor said a ?sufficient factual basis? was established and Pavlich accepted the plea. A presentencing report will be prepared by the Presque Isle County probation officer, prior to the February 9 sentencing.