Judge corrects child porn sentencing error

A Kane County judge Friday corrected a sentencing error that would have allowed a former Aurora attorney convicted of child pornography charges to leave prison nearly two years early.

Officials said Kenneth Mateas, 59, was erroneously credited at his Jan. 7 sentencing for 551 days of time served on electronic home monitoring - time that cannot legally be put toward his prison term.

On Friday, Judge Timothy Q. Sheldon corrected the sentencing order to reflect only four days of time served in jail toward Mateas' four-year sentence for nine counts of reproducing child pornography.

Prosecutor Justin Fitzsimmons said the state's attorney's office uncovered the error by reviewing a series of complex statutes and criminal codes that ultimately showed Mateas could not be credited for home monitoring because of the nature of his offenses. Initially, attorneys for both sides thought the judge had discretion on the matter, he said.

Mateas must complete at least half the sentence, meaning he now will spend at least two years in prison, instead of being released in June, as previously expected.

"With his criminal history, we are pleased the public will be protected from him for a longer period of time," Fitzsimmons said. "This sentence is appropriate considering the amount of child pornography Mr. Mateas possessed and reproduced."

Mateas pleaded guilty last year to possessing thousands of child pornography images he purchased online and put on 87 CDs. His arrest in 2007 was the result of a federal investigation.

Mateas was a private attorney for about 25 years. Before that, the Aurora man worked briefly as a Kane County prosecutor but left before his six-month probationary period ended.

In 1999, Mateas was accused of possessing child pornography but pleaded guilty to a lesser charges and was allowed to keep his law license. The license was suspended after his last arrest.