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Posted December 21, 2012 | comments Leave a comment

Prosecutor wants defendant's mental health report reviewed

By Joe Beck

A federal prosecutor is seeking a delay in the sentencing of a defendant convicted on 13 child pornography counts to obtain an independent review of a mental health evaluation of him.

Assistant U.S. Attorney Nancy Healey blasted a mental health report submitted by defense attorney R. Darren Bostic in the case and asked Judge Michael F. Urbanski for a chance to hire a psychologist to analyze the report. Such an analysis could lead to a further examination of John Stuart Dowell before his sentencing, Healey said in a motion filed late last week.

Healey called the report submitted by Dowell's defense attorney, "wholly inconsistent with the evidence in this case."

Healey said the report "appears to be based upon incomplete and inaccurate information that is contradicted by the extensive child exploitation behaviors of the defendant, as well as the child abuse depictions that he produced and the volume of other images that he possessed."

Dowell, 46, of Santa Cruz, Calif., is scheduled to be sentenced Jan. 16. He has pleaded guilty to one count of transmitting child pornography online and 12 counts of filming child pornography knowing or having reason to know it would be transmitted across state lines or beyond U.S. borders.

Authorities say the offenses involved the production of pornographic video with a 3-year-old-girl and a 5-year-old girl at a house in Frederick County.

Dowell, who was raised in Stephens City, was arrested in California after his sister gave a video he allegedly made with one of the girls to FBI agents, according to court records.

Contact staff writer Joe Beck at 540-465-5137 ext. 142, or jbeck@nvdaily.com

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