SIOUX FALLS, S.D. (KELO) — A jury found Michael O’Neal guilty in September of 2020. Monday a judge heard arguments for and against a lighter sentence. Investigators found more than a million images on Michael O’Neal’s phone and computer hard drive in 2018. A jury decided 15 of them were child pornography.
A different judge sentenced him to 10 years with six years suspended. That was four years ago, which means O’Neal could be out of Mike Durfee State prison but according to today’s testimony the Department of Corrections unsuspended the six years, because O’Neal refuses to admit his guilt. Without an admission, he is not allowed to undergo treatment that is part of his sentence.
Defense Attorney Betsy Doyle filed the motion to reduce O’Neal’s sentence, telling the judge
He has “No history of serious crimes and is willing and able to participate in any treatment”
Prosecutors asked the judge to deny the request, and pointed out that a jury believed he knowingly possessed the images containing child pornography. “He needs to accept responsibility, he needs to acknowledge that what he did was wrong,” said Deputy State’s Attorney Crystal Johnson.
Judge Susan Sabers inherited the case and said her job was not to retry the case but to “fashion a sentence intended by the trial court judge” who intended O’Neal would serve a short time in prison. In the end, Judge Sabers reduced O’Neal’s sentence to 5 years, which would keep him in the Mike Durfee State Prison until September of next year. However, he could be released sooner for good behavior. O’Neal will have to register as a sex offender for the rest of his life when he gets out of prison.
