INDIANAPOLIS (WISH) — 1:10 P.M. UPDATE: As the judge debated her sentence, Fogle stood nervously near his attorneys awaiting the verdict.
The judge sentenced Fogle to 188 months or 15.6 years. His sentences are to be served concurrently he will also get lifetime supervised release.
This sentence is more than the prosecution originally called for.
Thursday morning, Jared Fogle will learn how long he’ll spend behind bars.
A judge will sentence the former Subway pitchman for the sex crimes he’s agreed to admit to in a plea deal. Fogle could face five to 50 years in prison. The decision will be up to Federal Judge Tanya Walton Pratt.
The prosecution recommended Pratt give Fogle a sentence of 12.5 years, and Fogle’s attorneys have asked for the minimum five years. Fogle agreed to plead guilty to a child pornography charge and to traveling across state lines to have sex with minors. Investigators said Fogle paid for sex with underage girls, even while traveling for his work with Subway.
Prosecutors also said Fogle received pornography from the former head of The Jared Foundation, Russell Taylor. Investigators said Taylor made child pornography, and gave it to Fogle.
“Fogle has sacrificed absolutely everything he had built — including his family — to engage in sexually explicit conduct with two minors. He emboldened a molester and a producer of child pornography. He allowed Taylor to produce child pornography because of his own sexual attractions. He did this even though he actually knew some of the children in Taylor’s recordings,” said federal prosecutors in a pre-sentencing memo filed last week.
Prosecutors say there were 14 victims in all.
Court documents show Fogle plans to speak in the courtroom Thursday. A pre-sentencing memo said Fogle will tell the court he is “profoundly sorry for what he has done.”
The defense plans to have a psychiatrist and doctor testify that Fogle suffers from hypersexuality and alcohol abuse/dependence. A psychiatrist also identified weak evidence of pedophilia. Court documents show the psychiatrist calls Fogle “very treatable.” The defense says Fogle has gone through a four week treatment program already, and plans to continue to get help.
“An unnecessarily long term of imprisonment will likely hamper or at least delay Mr. Fogle receiving the full benefit of such treatment,” Fogle’s attorneys argued in a pre-sentencing memo.
The prosecution will argue for the longer sentence, to “protect the public” from any more crimes.
“…it is true Fogle argues that he is at a low risk to recidivate. However, he is more likely to recidivate than others convicted of non-contact child pornography offenses because of his repeated offenses efforts to obtain and use protsituted minors,” said federal prosecutors in a pre-sentencing memo.
No matter the sentence, prosecutors say they want Fogle to be under supervised release for the rest of his life. After his time in prison, they’re asking for remote computer monitoring, no unsupervised time with children, and searches of his home and electronics. Fogle will also have to register as a sex offender.
If investigators ever find more victims or evidence of more crimes, Fogle could face additional charges later.
Thursday’s sentencing will begin at 9 a.m.