Boulder resident Glenn Scott avoided sentencing Thursday on child pornography charges, but he’s still in custody and may be making his situation worse. 

In what was yet another unusual turn in a case that’s had plenty of them, Scott went against the advice of his attorney, Steve Haddon, by insisting that his psycho-sexual evaluation be presented to the court; that the psychiatrist treating the former Marine for post-traumatic stress disorder testify; and by disputing the number of child pornography images found in his possession.

Haddon said he’s talked to the psychiatrist and reviewed both the evaluation and the images, and doesn’t believe presenting any of that to the court will help his client.

“The bottom line, in my judgment, is if we had brought the doctor in here to testify and produced the report it would not have boded well for Mr. Scott,” Haddon said. “In my sense, it would make the situation potentially much worse.”

That didn’t dissuade Scott.

“I like Mr. Haddon personally, but I don’t think I have had competent legal counsel,” Scott insisted.

U.S. District Court Senior Judge Charles Lovell countered that not only is Haddon one of the best federal defense attorneys in Montana, he’s also the third attorney who’s represented Scott. Scott said he “threw out” his first court-appointed attorney after a “heated discussion,” and his second attorney withdrew from the case after Scott didn’t pay him and went on the lam. Haddon no longer can represent Scott because he begins a new job Monday with the state public defenders office.

“I think you’re making a mistake by insisting on this,” Lovell warned Scott. “Whatever Mr. Haddon did was in the sincere belief it was in your best interest. The result of this may be a more severe sentence than if you had been sentenced today. But I will continue the sentencing hearing and appoint other counsel to represent you.”

Scott, 54, is an electrician who worked on drilling rigs most of his adult life, and had minimal contact with law enforcement until May 12, 2009, when a former employee reported to the Jefferson County Sheriff’s Office that Scott had images on his computer of nude girls that looked like they were between 5 and 9 years old.

According to court documents, Scott was going to let the former employee’s daughter use one of Scott’s computers, which he stored in a shed, while he was out of town on business. But when the employee started setting up the machine, he observed the child pornography images and contacted deputies after Scott returned to Boulder from his business trip to China.

During a search of Scott’s residence on May 21, 2009, numerous computers and computer-related media were seized.  Scott claimed no child pornography would be found, and that his former employee was attempting to blackmail him.

However, a forensic examination of Scott’s computer equipment revealed numerous child pornography images on Scott’s laptop computer, a separate removable hard drive, 2 thumb drives and numerous CDs and other media.  The oldest date of copied images was May 2003.

The original computer that the employee said contained child pornography also was found, but the hard drive and CD drive were missing.

Later in June 2009, another of Scott’s employees reported that Scott had the smashed computer equipment removed from Scott’s other computer. The employee said that prior to the search warrant being served, Scott took the hard drive from the computer and smashed it, then told the employee to get rid of it.  Instead, the employee hid the smashed equipment before turning it over to officials.

Scott was indicted by a grand jury on Nov. 23, 2009, but was released from custody after pleading not guilty. One of the conditions was that he be subject to electronic monitoring. But after delaying his trial twice while he went through two attorneys, Scott sold his home, cut off the monitor and on June 10, 2010, he fled south.

Scott was arrested five months later in Mississippi, living in a campground under the stolen identity of “James McDonald.”

He was scheduled to go on trial in April, but after a jury was selected, Scott changed his mind and pleaded guilty to possession of child pornography and destruction of property to prevent seizure. In exchange, a charge of receipt of child pornography was dropped.

Scott faces up to 10 years on the possession charge and five years on the property destruction charge, as well as a fine ranging from $17,500 to $175,000. He already has repaid the court $7,000 for his first court appointed attorney.

 

Reporter Eve Byron: 447-4076 or eve.byron@helenair.com

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