COLUMBUS, Ohio (WCMH) -Mike Davis’ defense team is now working to keep him from being sentenced to any time behind bars.
The former 10TV chief meteorologist plans to plead guilty to four child porn charges on Thursday, according to a motion filed last week.
In the filing his attorney requests Davis be screened for acceptance into the CBCF River City Intense Therapy Program. Court records show the judge denied the request saying it is premature and will be considered at an appropriate time.
Three of the counts against Davis has been indicted on are second-degree felonies. Second-degree felonies come with a presumption of incarceration.
“Can the presumption be rebutted? Absolutely,” said Mark Collins, an attorney who has represented dozens of people facing similar charges. “And I would say, in our experience, we have more times than not, people do receive community control who don’t have a record and things of that nature.”
Collins is not working this case and only spoke generally with NBC4 about cases of this nature.
“In a plea of this type of nature where you’re pleading to possessing and viewing, of course, they’re going to say ‘But I didn’t produce it, nor did I ever act out on it,'” said Collins. “However the counter-argument is by possessing and viewing it, you perpetuate the industry and you perpetuate human trafficking and getting minors into this type of situation that’s horrific.”
According to the motion filed last week, Davis viewed the images but did not create or share them or have any inappropriate contact with children. His attorney argues most defendants in similar cases did not receive a sentence that included incarceration at the state or local jail.
Defense attorney Terry Sherman writes the following in the conclusion of the motion:
“Mr. Davis has experienced long-term mental health conditions which contributed directly to his illegal, antisocial, and unlawful collection of child pornography. Since his arrest, he has genuinely and meaningfully engaged in intensive behavioral therapy with local counselors in Franklin County. His progress is positive and he has conducted himself at all times lawfully, sincerely, and remorsefully.”
Collins says he expects the defense will argue Davis should not go to prison because he needs treatment and there are other options available.
“It’s a difficult call, it’s something that happens every day in our courthouse, the judges have to determine, what to with a felony of the second degree with someone with no record with an issue and a topic that basically people are horrified of,” he said.