September 16, 2019
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Bangor men given maximum sentence for having child porn

BANGOR – A federal judge on Monday sentenced two Bangor men to the maximum sentences allowed for downloading child pornography because they had admitted having sex with boys.

Neither man was charged with a sexual assault crime, however, because victims either could not be found or were not willing to come forward, Assistant U.S. Attorney Gail Malone, who prosecuted the case, told the court.

U.S. District Judge John Woodcock sentenced Patrick James Monahan, 38, to nearly five years or 57 months in prison and Kenneth H. McLay, 33, to 21/2 years in prison. Both men also were sentenced to three years of probation after their release.

Monahan’s sentence was longer because his criminal history was lengthier than McLay’s.

“The selection of images I know were downloaded onto your computer were abhorrent,” Woodcock said in imposing their sentences. “The presentence investigation reveals something more troubling – your admission that you engaged in sexual conduct with many young boys.”

Woodcock said that not only had Monahan and McLay victimized the young boys portrayed in the images they downloaded, but also they “actively participated in their victimization” by having sex with other boys.

McLay did not address the court at the 21/2-hour sentencing but wept as his co-defendant apologized to his family and asked Woodcock for mercy.

“I know and realize that I inadvertently victimized the young men in the photos as if I had taken them myself,” Monahan said. “I resisted having a computer for a long time, but gave in. Love is blind and I love Mr. McLay deeply.”

The two men, who have lived together as a couple for several years, pleaded guilty to the charges in April to possession of child pornography. Their plea agreement with prosecutors included a recommendation to the U.S. Bureau of Prisons that the two be incarcerated at the same facility and undergo sex offender treatment together.

Each man faced a maximum of five years in prison and a fine of up to $250,000. Under the federal sentencing guidelines, McLay faced a sentence of between 24 and 30 months, while Monahan faced between 46 and 57 months.

FBI agents began investigating the pair, who shared a Husson Avenue apartment, in September 2002 after a man facing similar charges in England said he had corresponded with Monahan about child pornography.

Monahan and McLay immediately admitted to police that they had downloaded sexually explicit images of minor boys, according to court documents. Investigators also found text documents describing sexual acts between adult men and minor boys.

While that investigation continued, McLay, at Monahan’s urging, in June 2003 used a computer at the Bangor Public Library to solicit a 15-year-old boy for sex. The boy turned out to be a police officer posing as a juvenile.

McLay was convicted the next year in Penobscot County Superior Court sentenced to one year of probation for the criminal attempt to solicit a minor.


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