Local man gets 10-15 years for child porn

By Amanda Manchester, Herald Reporter
Posted 5/8/24

  EVANSTON — An Evanston man who was facing up to 110 years in prison for 11 counts of possession of child pornography was sentenced to 10-15 years on Monday, April 29. Drew Millett was …

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Local man gets 10-15 years for child porn

Posted

 EVANSTON — An Evanston man who was facing up to 110 years in prison for 11 counts of possession of child pornography was sentenced to 10-15 years on Monday, April 29. Drew Millett was sentenced by Third District Court Judge James Kaste after Millett pleaded guilty to six charges; the remaining five charges were dropped by the state through a plea deal.

The first charge carries three to six years, while each subsequent charge carries seven to nine years behind bars. Charges two through six will be served concurrently after the initial sentence for the first charge is complete.

Millett, 37, was arrested in June 2023 after the National Center for Missing and Exploited Children (NCMEC) received CyberTips that were processed through Synchronoss Technologies Inc., Millett’s cellphone server’s cloud storage application.  While Millett’s illicit usage was first flagged in 2020 — followed by multiple subsequent CyberTips — data and download encryption issues delayed the investigation until early 2023.

A search warrant was issued for Millett’s home the day he was arrested, at which point he was fully cooperative with authorities. Special Agent Daniel W. Allison, with the Southwest Enforcement Team (SWET) of the Wyoming Division of Criminal Investigations (DCI) testified at the sentencing hearing. Allison said Millette, a former computer repairman, had several electronic devices at his property, was “candid,” and “he assisted investigators in narrowing the search down to two or three devices, which contained approximately 35-40 images of CSAM (child sexual assault material).”

Allison maintained that Millette was “helpful and consistent” and “very forthcoming” during the entire course of the investigation, “which is very rare...” Allison said. 

Allison also clarified that there was no evidence found that Millett had manufactured or distributed the material.

Special Agent Allison explained his categorization process of determining recidivism and danger-to-the-community risks of sex offenders. He said he considers the ages of the victims, the content itself, as well as the quantity of images found.

Allison also factored in the user’s technological savvy, or lack of,  in regards to utilizing encryption, or masking online identities through manipulated internet protocol (IP) addresses.

He testified that Millett’s quantity of images was low compared to other cases, and that there wasn’t a hyperfixation on any particular age group of victims. He also surmised that, despite Millett’s extensive computer background, his attempts to cover up his usage were unsophisticated to practically non-existent.

“He did not mask his name or online profile identity, and we found pics saved in the gallery of his phone,” Allison said.

Also noted was Millett’s sporadic duration of usage, time and frequency. Ultimately, Allison deemed Millett a medium-higher level beginner, and testified that he agreed that Millett should face a lower sentence than other, more recent cases in Uinta County.

Millett’s attorney, Joe Hampton, cross-examined Allison about the correlation between the amount and degree of CSAM material recidivism and/or the likelihood of assaulting children.

Allison cited two studies, the “Butner Study” and an American Psychological Association (APA) PsycNet study on the use of tactical polygraphing in sex offenders, that “child porn users have a 57-85% chance of becoming a hands-on offender.”

Uinta County Attorney Loretta Howieson Kallas interjected, “The state is not here to overdramatize ... The age ranges and the graphic displays of genitalia were certainly of a concerning nature, and also spanned over five and a half years. We must prioritize punishment and protection of our community. He got away with it for years and saved images repeatedly during that time.”

Hampton then presented the court with Millett’s letters of support, one of which is from his cardiologist because Millett has a pacemaker with a defibrillator, a fact that Hampton later presented in an attempt to convince Kaste that a prison sentence should be avoided.

“I appreciate the time and care put into the letters of support,” Kaste said.  “It’s a hard thing to do; it’s emotionally taxing.”

Doug Sturgess, a local bishop, took to the podium to support Millett. He said that after the arrest, Millett urgently reached out to him to meet and confess what he’d done.

“I can confidently speak of the growth, learning and development I’ve personally witnessed in Drew,” Sturgess said.

He told the court that Millett’s parents are deceased and he has no nearby family; he’s had a “total lack of support,” and found himself in a “dark depression, hermit-like lifestyle with hoarding tendencies.”

“Drew is not the same person he was when he committed these crimes,” Sturgess said. “His days are filled with more light, not darkness. This has been a humbling and grateful realization he’s had, and he has profound gratitude. He has become a member of my family, and he can create a meaningful life in the future.”

Dr. Robert Banta, a clinical social worker with the Utah Department of Corrections who specializes in sex offender treatment, also testified. He began working with Millett almost immediately after his arrest.

“He has had a lot of loss and pain in his life,” Banta said. “He is rebuilding from the pain he suffers. I find he is a good man and in need of support to rebuild his life in a positive way.”

Hampton asked Judge Kaste to consider using the federal sentencing guidelines when making his punitive decision through highlighting perceived differences of culpability between the possessors, distributors and manufacturers of child porn.

“I couldn’t agree less,” Kaste replied. “I reject the difference. A child was molested, through dollars and trading ... the moral reprehensibility is about the same.”

Hampton exhausted every angle to keep his client from prison.  He suggested long-term community supervision in the form of a decade of probation paired with continued mandatory sex offender treatment.

He reiterated Millett’s helpful assistance during the investigation, his serious heart condition and diagnoses of depression and anxiety. He also said that Millett has volunteered to undergo chemical castration if his medical team cleared him for the procedure.

Hampton further explained that during Millett’s psychosexual evaluation, a formal diagnosis of autism was determined.

“There can be an inclination to downloading child pornography,” Hampton said, citing a Journal of Intellectual Disabilities and Offending Behaviour published in 2018 by Emerald Insight.

“Developmental delay may align young adults with children or adolescents; a weak theory of mind can make it hard to know right from wrong; autism can isolate us, and we may become desperate for human contact. Desperate people do things others would never consider; and there is a neurological vulnerability,” Hampton read directly from the journal before concluding that “autism spectrum disorder plays a role in this.”

Hampton acknowledged that, in the time he’s worked with Millett, “he’s happier and healthier than I’ve seen him. He’s using every tool in his toolbox to put this behind him. He’s become an increasingly empathetic person, built a network and community of helpers.”

Millett took the opportunity to address the court.

“I want to offer my sincere apologies for the crimes I committed,” he said. “All of this is not about me; it’s about the children who were harmed, which I did not think about at the time.”

Millett said he likely also has obsessive-compulsive disorder (OCD), or OCD-like tendencies, which compelled him to add “new, illegal” items to his porn collection — saying he’s had an addiction since the age of 12.

“I isolated and got into a really dark place,” he said.

Millett said he made a $5,000 donation to Save the Children as a form of restitution.

“It will never change the fact that I did it, but it’s the least I can do,” he said. “I’m willing to do whatever the court wants me to do. I know I’m a changed man. I appreciate Agent Allison — I’m finally getting the much-needed change, so I could get straight and return to my journey of growth.”

Millett apologized to the community and the victims, and he thanked his counselors and doctors.

“Words cannot express what I’ve done, I promise I will continue to improve, you have my sacred word on that,” Millett said.

“It matters immensely to hear more about you as a person,” Kaste said. “I’m happy you have your adopted family here today.”

Citing the law of supply and demand, the judge continued.

“I disagree there’s a smaller amount of culpability,” he said. “The children in those images and what they’re being subjected to for the gratification of others … what are we telling children about their worth?”

While Kaste agreed that he didn’t believe Millett would assault a child, he said that the only thing that changed his behavior was getting caught.

“You’ve done everything right from the day you first spoke to officers,” Kaste said, “but deterrence matters immensely. It’s a fundamental fairness compared to the lifetime suffering of the victims.”

Millett was assessed standard court fees and given two days of credit for time served before being remanded into custody. He has 30 days to appeal his sentence.