Joshua Bertsch ’03, who pleaded guilty in August to 19 counts possession of child pornography and one count distribution, was sentenced to a 6 1/2-year prison term Tuesday. Ramsey County District Judge Joanne Smith, who handed down the sentence, said her decision was one of the most difficult evaluations she has made in her twenty years as a judge.

According to his attorney, Bertsch plans to appeal his sentence.

Part of the closed testimony that influenced Smith were 20 letters of support written by Macalester professors, alumni and students and Bertsch’s close family members.

Smith said that the Macalester community and members of Bertsch’s family expressed what she called “unconditional love and support” for Bertsch. She said she gave him what she considered a lenient sentence because he was “a successful individual,” and had the support and love of his family and campus community.

According to Smith, the criminal convictions against Bertsch were particularly difficult to sentence because the Minnesota Sentencing Guidelines Commission does not recommend penalties for the crimes of child pornography possession and distribution.

Smith accepted testimony from the prosecution and the defense counsel on both of these sentencing factors, but she said that the disagreement was unusually strong between the two sides.

“I’ve never had such a wide variation in sentencing recommendations, ever,” Smith said.

Last May, several days before Bertsch’s graduation, St. Paul police raided Bertsch’s residence in the Grand Cambridge Apartments, arrested Bertsch and seized several hard drives full of child pornography. According to Bertsch’s police testimony, Bertsch collected and traded child pornography for six years prior to his arrest.

The prosecution tried for a 22-year sentence. “People who collect and disseminate child pornography feed the cycle of sexual abuse of children,” Prosecutor Tracy Braun said. Braun argued that the explicit nature and large volume of the pictures justified a severe sentence. Braun, citing police testimony, said that Bertsch’s collection is the largest volume of child pornography unconvered in Minnesota since the inception of the Minnesota Internet Crimes Against Children Task Force in 2000.

Cean Shands, the defense attorney and a Macalester alumnus, presented a statistical analysis of past child pornography cases in Minnesota arguing that most defendants in similar cases were released on probation.

Shands also questioned the link between possession and production of the pornographic material, comparing it to the distinction between the possession and production of drugs. He also argued that Bertsch turned himself in after evidence was confiscated from his room, pleaded guilty to the charges and approached the Internet Crimes Task Force to help with their investigation into other child pornography cases.

After each side presented arguments, Smith allowed Bertsch to offer testimony in his defense.

In a short and tearful personal statement, Bertsch said he found words insufficient to convey his situation and emotions.

“I’ve lost so much more than I thought I had, and I realize this is a point of departure,” he said. “I can’t offer excuses, but I find it difficult to come before you and ask for mercy.”

Smith said she believed that Bertsch would eventually be able to receive treatment. “Corrections systems are better for treatment [than programs outside of prison],” Smith said.