Franciscan Brother Given Probation in Child-Porn Case
By Andy Nelesen
Green Bay Press-Gazette
January 25, 2005
A Franciscan brother who had thousands of pornographic images of children on his computer will not go to jail or serve prison time if he behaves on probation for the next five years.
Rudolph Nocinski, 63, Pulaski, was sentenced Monday after pleading no contest in November to single felony charge of possession of child pornography. As part of the agreement, which secured Nocinski's no contest plea, prosecutors agreed not to recommend incarceration for the first-time offender.
Brown County Circuit Court Judge Richard Dietz imposed an 18-month prison term, but stayed the sentence and opted for five years of supervision, a move endorsed in a pre-sentence investigation conducted by the state Department of Corrections.
Authorities became aware of Nocinski's collection when he took his computer to an area electronics store for repair because he could no longer receive e-mail. When a technician powered up the computer, he discovered the images. After looking at the contents of the computer, investigators served a search warrant on Nocinski's Pulaski friary and found 33 pornographic videotapes with images of children.
Nocinski told police that had thoughts about having sex with children, but knew that it is wrong, the complaint said.
Brown County District Attorney John Zakowski said because Nocinski had no criminal record and two psychological evaluations indicated Nocinski was not likely to re-offend, probation was appropriate.
"He had a record of helping people," Zakowski said. "He was a good man with a very serious problem."
In a statement to the court, Nocinski expressed thanks that he got caught and said it cleared the way for him to get help.
With probation, Dietz imposed a litany of restrictions that include no unsupervised contact with minors, registration as a sex offender and 200 hours of community service.
If Nocinski fails on probation, he would face 18 months behind bars.
"If he relapses, then it's a straight ticket to prison," Zakowski said.
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