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Published on September 12, 2024
Arizona Judge Calls for Sentence Reduction in 290-Year Child Pornography Case, Advocates for Clemency Seek Balance in Justice SystemSource: Wikipedia/United States Department of Justice, Public domain, via Wikimedia Commons

In Arizona, a tale of two sentences—spanning nearly three centuries each—has emerged as a stark symbol of the justice system's potential for excess. Carl Buske, sentenced to 290 years for possessing child pornography, and Atdom Patsalis, sentenced to 292 years for a string of non-violent thefts, are at the center of a debate about the proportionality of punishment in the state's legal code.

John Leonardo, the retired Pima County Superior Court Judge who handed down Buske's sentence in 2007, is now advocating for its reduction. Required by law at the time to impose such a lengthy term, Leonardo views the sentence he imposed as an "instrument of injustice," according to 12News. Seeking clemency, he has expressed hope based on a recent governor's action to commute a similar sentence, referencing Patsalis's case which the Arizona Justice Project had taken up for six years prior.

For Patsalis, the outcome was more favorable. His 292-year sentence for theft-related crimes was deemed disproportionate by advocates, given that similar offenses typically garnered five to seven years of incarceration. With the unanimous recommendation of the Arizona Board of Executive Clemency and eventual commutation by Gov. Hobbs, Patsalis now has a shot at life beyond bars — an opportunity to pursue his dreams of a family and music.

Mina Mendez, the chair of the Arizona Board of Executive Clemency, stressed the belief that "redemption is possible," a sentiment echoed by Leonardo, who is urging for legislative change. He argues the current sentencing structure, especially for non-production offenses related to child pornography, fails to distinguish between various levels of offense that have markedly different impacts on society. Leonardo argued, "it's really an embarrassment to me, to the criminal justice system that this kind of a sentence can be imposed for this kind of activity," in a statement obtained by KJZZ.