Farnham sexually abused as child, his attorney says
As a child, former state Rep. Keith Farnham was sexually abused by an older boy and later sexually assaulted at age 13, his attorney said in arguing that Farnham be sentenced to no more than five years on child pornography charges.
In a court filing Thursday, defense attorney Terry Ekl requested U.S. District Judge Edmond Chang consider Farnham's childhood trauma as a mitigating factor when he sentences Farnham next week.
Federal prosecutors indicated they will seek a sentence between 12½ and 15½ years and a fine of $140,000.
Farnham, in pleading guilty to transportation of child pornography, admitted to possessing 2,765 computer images of children engaging in sex acts.
Farnham claims he became addicted to adult pornography, which "ultimately resulted in a fascination with child pornography," according to the defense's filing.
While arguing for a shorter term, Ekl said Farnham is unlikely to complete any sentence. Farnham, 67, has pulmonary fibrosis and bladder cancer and his doctor estimates he has less than six months to live, according to the court filing. Under house arrest as a condition of his bond, Farnham is receiving hospice care at home and his worsening condition requires him to take medication for pain and anxiety, the court filing said.
"The simple fact is that Keith Farnham will die within the next several months. The reality is that no sentence the court imposes will be served," the defense document reads.
Included in the filing is Farnham's claim of being sexually abused between the ages of 6 and 10 by a boy who was seven years older than him. According to the filing, after Farnham's mother found out about the abuse, she blamed him and beat him.
At 13, Farnham ran away from his Bangor, Maine, home to New York City where he lived on the street and was sexually assaulted by a man who promised him food and shelter, the court filings said. After returning to his home, he was arrested on charges of stealing a car and sent to a boys' home. After his release, he joined the U.S. Navy Reserves, where after seven years, he received an honorable discharge in 1971.
After marrying in 1976, Farnham and his wife moved to Elgin where he started a painting business. Elected to the Illinois General Assembly in 2009, the Democrat served until his arrest in March 2014.
Noting that Farnham lost his state pension upon conviction and will lose his Social Security upon imprisonment, Ekl asked the court not to impose a fine on his client, whose net worth was placed at $39,000 in a pre-sentencing report. In their 15-page response, federal prosecutors note that a sentence below the recommended range is reasonable given the circumstances, including the absence of adult criminal behavior.
"However, due to the seriousness of the offense, which was committed while the defendant was a public official, the government contends that a sentence of at least 60 months' imprisonment is appropriate, as well as a substantial fine."
Moreover, say prosecutors in their response, Farnham not only possessed and received child pornography, he distributed images which "perpetuated the victimization of these young children" from his home and his offices in Elgin and Springfield.
Prosecutors described an online conversation Farnham had with another collector in which he described sexually abusing a 6-year-old girl and then having sex with her mother, which Farnham claimed was a fantasy.
They say Farnham began trading child pornography online in 2004 and tried to hide his conduct by establishing multiple accounts.
"As an elected official, (the) defendant gained the trust of his constituents, only to egregiously violate that trust," by using taxpayer-funded property and government time to view and trade child pornography at the same time he expressed concern about protecting children from Internet predators, prosecutors wrote in their sentencing memorandum.
The government also argued for a significant sentence as a deterrent, referencing a Seventh Circuit court ruling noting that greater demand for child pornography results in increased production.
Farnham was charged with possession of child pornography on April 28, 2014, and released on $4,500 bail two days later. He was subsequently charged with receiving and transporting child pornography. His arrest followed a March 13, 2014, raid on his home and office by Department of Homeland Security agents who were investigating an email address - later linked to Farnham - that was being used to trade child pornography online.
Farnham resigned his House seat several days later. Along with confinement to home, he was prohibited from using a computer, accessing the Internet and having unsupervised contact with anyone under age 18.
His sentencing is scheduled for Thursday in federal court.