Franciscan Pleads No Contest in Porn Case
By Andy Nelesen
Green Bay Press-Gazette
November 10, 2004
Nocinski charged with possession of images of kids
A Franciscan brother was convicted Tuesday of possession of child pornography for having thousands of pornographic images of children on his computer and 33 pornographic videos in his Pulaski friary.
Rudolph Nocinski, 63, was arrested in June and pleaded no contest on Tuesday to the single felony charge. He faces up to 42 months in prison, but prosecutors are expected to recommend five years probation as part of a plea agreement.
Authorities became aware of Nocinski when a computer technician at Best Buy found the child pornography on the computer that Nocinski brought in for service.
Nocinski, a Franciscan brother, admitted to police that he owned the computer and said he took it to Best Buy because he could no longer receive e-mail.
Nocinski told police that he did have thoughts about having sex with children, but "in reality (he) knows that it is wrong," the complaint said.
In court Tuesday, Nocinski appeared with his lawyer and answered "Yes, sir" and "No, sir" to Brown County Circuit Court Judge Richard Dietz's questions. He said he understood what was going on and realized that pleading no contest to the charge would remove his right to a jury trial.
Nocinski's sentencing is set for Jan. 24.
Brown County District Attorney John Zakowski said that he would be recommending a lengthy term of probation, but had not decided whether he would as for jail time as a condition of probation.
Zakowski said the case was fairly straight forward.
"You have to look at the evidence here, the images and photographs retrieved from his computer, Zakowski said. "There's no way around the evidence."
Zakowski said probation is an appropriate recommendation, considering that Nocinski has no prior criminal record.
Zakowski plans to ask Dietz to impose and stay a prison term, which means Nocinski could end up behind bars if he fails on probation.
Nocinski remains free having posted a signature bond in the case.
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