A Montgomery man who pleaded guilty to having hundreds of pornographic images of small children on his computer will serve no jail time and will not have to register as a lifetime sex offender, thanks to 9th District Judge Kelly Case. The most shocking element is how the sentencing phase unfolded on Friday.

In February of 2013, a Montgomery County Grand Jury returned a four count indictment against 25-year-old Joshua Michael Long for Possession of Child pornography. The indictment resulted from an investigation by the Precinct 3 Constable’s Office, assisted by the Precinct 4 Constable’s Office and the Montgomery County District Attorney’s Office.

Investigators, and apparently the Grand Jury, felt they had a solid case, with over 300 images of children ages 3 to 7 years being sexually assaulted.

Long pleaded guilty and requested sentencing by judge instead of jury- a choice known as an “open plea.” Defense attorneys pointed out Long had abided by all the conditions of his release on bond and painted him as a good person who made a mistake and deserved another chance. They painted it as a victimless crime, but investigators pointed out the children in the photographs were real and had been sexually abused, and every time those photos are viewed, the victims depicted are victimized again. One of those children was an identified victim.

Investigators testified regarding the very disturbing images in Long’s possession and offered to show that evidence to Judge Case. After hearing their description of what was depicted, Case said he did not want to view them, which makes the rest of the hearing all the more difficult to understand.

The defense asked Judge Case to sentence Long to 10 years’ probation, rather than putting him in prison. Prosecutors reminded Judge Case the images were so graphic even he was unwilling to view them.

Judge Case, however, did not grant the request of either side. Instead he asked Long if his attorneys had talked with him about deferred adjudication. They had not, but they and their client were more than happy to accept it.

Joshua Long was sentenced to 10 years’ probation, deferred. He will only be a registered sex offender during his probation, which could be cut short with good behavior. The charge will be public record but will not show a final conviction, so it may or may not show up in a background search. Either way, Long will now be able to say he has never been convicted of a crime and participate in anything requiring a clean record and/or giving him access to children. Women with small children, who might consider a relationship with Long, may not have access to this knowledge, if he satisfies the terms of his probation.

Had Judge Case simply granted the defense attorneys’ request for a sentence of 10 years’ probation, Long would have a permanent record. In that case, if Long touched a child inappropriately, he would receive an automatic life sentence and if he were charged with Possession of Child Pornography again, the charge could be enhanced. Now, that will not happen.

Anyone wishing to express their feelings regarding Judge Case’s decision in this case can contact him in the following ways:

Email: [email protected]

Mail:Judge Kelly W. Case

207 West Phillips, Suite 306

Conroe, Texas 77301

Office phone: 936-539-7866