Dalton Lee Juick Konat, 26, pleaded guilty last year in Dayton’s U.S. District Court to possession of child pornography as one count of production of child pornography was dismissed. The plea stated the video could be considered for the purposes of sentencing.
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The non-binding, advisory guidelines calculated Konat’s sentencing range from 135 to 168 months in federal prison. Judge Thomas Rose allowed federal public defender Thomas Anderson to elicit testimony from Bresler and was going to watch at least a portion of the 22-minute video in chambers before he sets a sentencing date.
“She looked much more developed,” Bresler said of the victim. “She didn’t look like a typical 11-year-old girl. She looked like a 14- or 15-year-old girl. She looked almost fully developed.”
Bresler, the clinical director at the University of Cincinnati Division of Forensic Psychiatry, said the difference between hebephilia and pedophilia was “clinically significant” in evaluating Konat and his sex offender treatment.
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“He knows that he needs help … treatment for a long period of time,” Bresler said of Konat, who was not alleged to have any sexual contact with the victim. “He cried. He said that he was very disappointed in himself and that he’s sorry for any psychological damage that she may have suffered from being deceived by him.”
Bresler also said Konat said he should have known better because the defendant “knows what it feels like.”
The psychologist said Konat told him that he was sexually abused as a young boy, that Konat never knew his father and that his mother was drug-addicted.
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Konat was raised mainly by grandparents, other family and friends, was exposed early to drugs, pornography (including images of his mother having sex) and first had sex as a young teen. Of Konat’s childhood, Bresler testified: ““It was a mess.”
Assistant U.S. attorney Dominick S. Gerace — advocating for a sentencing within the guideline range — asked Bresler about the psychologist’s claim that a study showed one-third of men showed sexual attraction to developed pubescent teens.
“There is research that looks at these kinds of attractions,” said Bresler, who added that this country had puritanical roots but also saw 12-year-old girls marry men 100 years ago. Bresler also said nutritional and other factors have led to earlier sexual development of girls.
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Bresler testified Konat realized his behavior was morally and legally wrong but wouldn’t speculate if Konat’s next step may include sexual contact with a minor.
“This goes beyond a typical peeping tom case. He’s memorializing it,” Bresler said. “It’s hard to know which way it would go.”
Rose said he planned to sentence Konat within 30 days.
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