Sex-diary writer expected to leave jail

[Freematt357 at aol.com]

Publication: The Columbus Dispatch;     
Date: Sep 16, 2003;     
Section: Metro;     Page: 22            


Sex-diary writer expected to leave jail 

By Jeb Phillips THE COLUMBUS DISPATCH 


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B B B B A man whose conviction for writing about private fantasies of raping and 
torturing children was overturned was expected to be released from jail today. 


B B B B Brian Dalton posted bail yesterday afternoon, not long after Franklin 
County Common Pleas Judge David E. Cain set it at $50,000. 

B B B B Cain told Dalton, 24, that he could have no contact with minors, no 
access to the Internet and that he was under house arrest and parental supervision. 


B B B B Paperwork for his jail release was being completed early this morning. 

B B B B Prosecutors had asked for at least a $100,000 bond. 

B B B B "Evidence shows that defendant has admitted prior sex offenses and that 
he poses a significant risk to re-offend,bb prosecutors wrote to Cain. " 
Defendant literally mulls over the idea of sex with children when he sees them on 
the street.bb 

B B B B Dalton never has been convicted of abusing children. He pleaded guilty in 
2001 to pandering obscenity. 

B B B B His mother had found a diary stating his fantasies about children and 
given it to his probation officer. 

B B B B Dalton said the children were imaginary. At the time, he was on probation 
for possession of child pornography. 

B B B B Dalton pleaded guilty to the pandering charge, which drew international 
attention. Critics said the charge and his imprisonment violated his First 
Amendment right of self-expression. He tried to withdraw his plea twice, but 
Common Pleas Judge Nodine Miller rejected his requests. 

B B B B She sentenced him to seven years for pandering, plus 4B= years for 
violating his probation. 

B B B B The Franklin County Court of Appeals overturned his conviction in July, 
citing ineffective counsel. 

B B B B Benson A. Wolman, one of the lawyers who filed the appeal for Dalton, 
repeated yesterday an argument he has made for months. 

B B B B "He ought not to be in jail on wild charges that are contrary to the 
First Amendment,bb he said. 

B B B B Franklin County Prosecutor Ron ObBrien declined to talk about the bond. 
His office has asked the Ohio Supreme Court to review the lower appealscourt 
decision, and Wolman said Daltonbs response to the Supreme Court is due Sept. 
29. 

B B B B If the Ohio Supreme Court passes on the case, Dalton still can be retried 
before Cain. 

B B B B jeb.phillips at dispatch.com 

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