Local man gets 14-year prison term

CELINA - A 29-year-old Fort Recovery man was sentenced on Tuesday to 14 years in prison on charges of pandering sexually oriented material involving a minor.

Mercer County Common Pleas Court Judge Jeffrey Ingraham sentenced Matthew A. Jutte to 168 months (14 years) in prison for 21 counts of pandering obscenity involving a minor, fourth-degree felonies. He also was given 104 months in prison for 13 counts of pandering sexually oriented matter involving a minor, also fourth-degree felonies, and 16 months for two counts of illegal use of a minor in nudity-oriented material or performance, fifth-degree felonies. Both of these are to be served concurrently with the 14-year sentence.

He was also classified a tier two sexual offender, meaning he must register with law enforcement every six months for the next 25 years.

Jutte was arrested on April 6 after his work supervisor reportedly had found child pornography on Jutte's cellphone, which had been left at work, according to the Mercer County Sheriff's Office. The supervisor reportedly discovered the photos while trying to determine the phone's owner.

Jutte's attorney, Louis Schiavone, on Tuesday asked for Jutte's punishment to be spent at a treatment center rather than in prison.

"I think it is important to point out that Matthew did not produce or redistribute the unlawful material he possessed on his cellphone," Schiavone said.

Mercer County Assistant Prosecuting Attorney Joshua Muhlenkamp asked for a "significant prison sentence."

Jutte, according to court documents, had previously been arrested while living in California for having taken part in what his attorney called "an internet scam." Jutte had served five days in jail there and was on post-release monitoring at the time of the Mercer County offense. Jutte also was undergoing counseling at the time of the local offense.

"The matter on which I am presented to the court is not who I truly am," Jutte told the court. "I emotionally have issues that need to be addressed. I assure you this will not happen again, acknowledging the fact that I am here for the second time."

Mercer County Common Pleas Court Judge Jeffrey Ingraham said he did not believe the defendant was truly remorseful for his actions.

"I have indicated who the victims are in this case. It's not your wife. It's not your kids. It's not your family. What you've participated in with those videos and those pictures is abhorrent," Ingraham said. "You became a part of that act. Why these offenses are only categorized as level four of felony offenses is beyond my comprehension. I am aware of cases where those who produce this - and are as much a part of the activity as you … - have been sentenced to life in prison. Are you aware of what you have participated in? You have not indicated to this court that you have any understanding of that."

Jutte had pleaded guilty on June 28 as part of a plea agreement for which two counts of pandering obscenity involving a minor and one count of pandering sexually oriented matter involving a minor had been dismissed.