Child porn nets man five-year sentence

Thomas E. Nicewaner III pleaded guilty in August to possessing images on his cell phone, digital camera, laptop and in print.

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WALLA WALLA -- A man who earlier pleaded guilty to possessing child pornography in July was sentenced this morning to five years in prison.

Thomas E. Nicewaner III, 38, asked for a sentencing option that would have reduced the period of incarceration and required sexual offender treatment.

"I'm apologetic," Nicewaner told Walla Walla County Superior Court Judge John Lohrmann before he imposed the sentence. "I hope I get the opportunities to learn the things I need to learn," Nicewaner said.

But based on various pre-sentence reports and remarks this morning in court by Walla Walla police Detective Mike Boettcher, Lohrmann decided Nicewaner would not be a good candidate for the sentencing option.

Lohrmann agreed that Nicewaner demonstrates some remorse for his crimes, but said Nicewaner has a drug problem and apparently doesn't admit the full nature of his past behavior.

While treatment is important, Lohrmann said, "The best message we can send to potential offenders is there are serious consequences to this type of conduct." The five-year prison term he imposed is the maximum allowed under state law.

Nicewaner was given credit for the 132 days he's already served in the County Jail, and was placed on a form of probation for three years after he's released from prison.

Nicewaner pleaded guilty Aug. 26 to four counts of second-degree possession of depictions of a minor engaged in sexually explicit conduct.

Police said they discovered images of nude juveniles on his cell phone, digital camera, laptop computer and in printed material July 10.

He initially was charged with two additional counts of possessing child pornography. Police said he also was in possession of two medications without having a prescription and less than 40 grams of marijuana. But those charges were dropped in exchange for his guilty pleas.

Nicewaner was arrested at the Vineyard Inn, 325 E. Main St., where he apparently had been staying.

Terry McConn can be reached at terrymcconn@wwub.com or 526-8319.

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