By Michael Van Cassell
Hollister
– A San Juan Bautista man pleaded guilty to a felony count of
attempted child molestation and no contest to a count of possession
of child pornography during a brief court appearance Wednesday on
charges stemming from his interaction with an 11-year-old girl last
year.
Hollister – A San Juan Bautista man pleaded guilty to a felony count of attempted child molestation and no contest to a count of possession of child pornography during a brief court appearance Wednesday on charges stemming from his interaction with an 11-year-old girl last year.
William Joseph Lavagnino Jr., 53, could face up to four years in prison on the charges, according to San Benito County Superior Court documents. He was originally charged with several felonies and more than 10 counts of misdemeanor annoying or molesting a child. As part of a plea deal, several of the charges, including one felony, were dropped, according to court documents.
Lavagnino’s attorney, Andrew Janecki, said his client is not a danger to society.
“I believe it was an aberration in Bill’s life,” Janecki said. “He is currently in treatment and with further treatment this will never happen again.”
The state, led by prosecutor Steven Wagner, decided to plea bargain the case out of consideration for the victim’s family, to keep costs down, and for a swift trial and sentencing, San Benito County District Attorney John Sarsfield said Thursday.
“We got a felony conviction,” he said. “That’s good. It’s good for everybody.”
The 11-year-old victim has not been identified.
Lavagnino was arrested in December of 2005 by San Benito County Sheriff’s deputies after the victim’s father contacted police. Among the pornographic material seized from Lavagnino’s home was a 42-page document titled “Introduction and Beginners Guide to Survival in Preteen Erotica.” The guide explains how to use Internet news groups to gain access to child pornography, according to investigators.
The San Benito County Sheriff’s Office became aware of Lavagnino’s activities when the father of the victim presented investigators with nine sexually-themed, hand-written notes addressed to the victim and signed “Billy.” During interviews with sheriff’s detectives following his arrest last year, Lavagnino apologized, stating he “lost control,” and that “us boys will just have to stop when you girls say no regardless of how horny we are,” according to police reports. He also told investigators that he had been viewing child pornography on the Internet for a period of three years, according to incident reports.
Lavagnino requested in several of the letters that the victim correspond with him, keeping their exchanges secret. In one letter Lavagnino called their exchange “a game of spy.”
Sheriff’s deputies didn’t consider the letters to be a game.
“It’s a very serious situation. He was a child predator hiding among us,” Sheriff’s Detective Bryan Penney said at the time of Lavagnino’s arrest. “We were very fortunate to catch him before he committed rape, kidnap or murder. This could have escalated into something far worse. We were glad to get him off the streets.”
Lavagnino will return to court on Sept. 27 for a sentencing hearing. Regardless of the sentence, Lavagnino will have to register as a sex offender, Sarsfield said. Janecki said he hopes Lavagnino will get probation. Sarsfield said sentencing would be up to the judge.
