I am not above gloating. I told you so.
Just to remind you who this is:
04/05/2002
A Dallas Township man who operated an adult video business pleaded guilty Thursday in Luzerne County Court to a sexual abuse of children charge for possessing an unlawful videotape of a 15-year-old boy.
Bryan Kocis, 39, of Midland Drive had been charged with more serious offenses, including the alleged sexual assault of the 15-year-old boy on the tape, which he recorded in his own home.
However, prosecutors conceded that Kocis had a valid "mistake of age" defense to almost every charge against him.
All other charges against Kocis were dropped Thursday when he pleaded guilty to the single charge of sexual abuse of children in connection to the tape police found in his home.
He faces a sentencing range of probation to nine months' imprisonment for the offense.
President Judge Michael Conahan will impose sentencing on May 15.
Attorney Al Flora explained Thursday that Kocis did not know of the teen's true age until after the police investigation began. He alleged the teen had lied about his age to Kocis.
He further argued that Kocis had a registered and legitimate business and that he properly obtained written contracts from all of the "models" he employed.
However, Kocis had not obtained a written contract and proof of identification for the teen before the police investigation began.
"My client believed he could disseminate (the tapes) after he got the contract and identification. He didn't realize under state law the mere video taping could constitute a crime," Flora said.
Flora further noted that Kocis was not charged with operating an illegal business. In fact, prosecutors had to return almost every item they seized from Kocis' home when they executed a search warrant last July 12.
In addition to various computer, audio/visual and camera equipment, police had seized hundreds of allegedly pornographic videotapes from Kocis' home. All of the items, except the tape of the 15-year-old boy, were returned to Kocis last November.
"We couldn't show it was anything criminal," prosecuting Assistant District Attorney Jeff Tokach said of the material that was returned to Kocis.
At the time of his arrest, Kocis reportedly operated a business call Cobra Videos, which Flora said was a registered business.
It had been alleged that Kocis met the 15-year-old boy who lived in the Allentown area through an Internet chat room. It further was alleged that Kocis transported the boy to his Midland Drive, Dallas Township, home last May or June and had sexual contact with the teen.
This contact was videotaped and police seized the tape when they executed the search warrant.
Assistant DA Tokach conceded, "Mistake of age was a defense."
Tokach further conceded that the teen had misrepresented his age to Kocis.
The prosecutor said of the resolution of the case, "It's a resolution the victim wants. The victim is more than satisfied, in speaking to his father."
Prosecutors and court records indicate that the teen consented to the sexual contact. Kocis initially had been charged with sexual assault due to the teen's age and the difference between his and the teen's age.
"They (the victim and his family) didn't want to be involved any more than they had to," Tokach said.
He further indicated that the teen moved away from the Allentown area. "They just don't want to come back and have this open up again."
http://www.zwire.com/site/news.cfm?n...d=455154&rfi=8




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