A 55-year-old West Island man convicted of child porn charges is going back to jail for violating his probation conditions.
Kimberly Byron Moskalewski pleaded guilty this afternoon at the Montreal courthouse to seven charges of breach of conditions. Following a common suggestion from both the crown and the defence, he was sentenced to a total of 125 days in jail plus two years probation: 20 days for each of the six counts of using a computer or smartphone when he was forbidden; and for being in a Dorval community center where a daycare and youth center were located when he was told to stay away from places where minors may be found. He was also sentencted to five days for not informing the courts of his change in address.
Moskalewski first broke his probation conditions relating to computers four times early last year. He was caught at the community center last September. Then he was re-arrested April 17 for another computer-related breach of condition and failing to advise authorities about moving. Charges of using a computer or smartphone to communicate with a minor were stayed.
His lawyer Julie Bernier said her client's breach of conditions were not criminally motivated.
"The facts are about using (the devices) for different matters, going to Kijiji, using PayPal or going on Google to play cards or poker or to do some kind of business," Bernier told CJAD 800 News.
Moskalweski told the judge in court that he told his probation officers at the time earlier last year that he had accessed a computer. His lawyer also told the judge that her client was playing cards at the community center and that upon his second arrest, he was using his tablet while making a website to help people to repair computers.
Moskalewski hobbled into the courtroom using a cane and looking very different with his head shaved.
The court allowed him a delay of 12 months to pay court fees since he is on welfare. He also has no family left in Quebec.
The crown said Moskalewski's tablet was confiscated by Montreal police for analysis.
Moskalewski had pleaded guilty to producing and distributing child pornography in February 2012. Police found more than 5,000 child porn images and videos on his home computer.
His wife was running a home daycare in Pierrefonds at the time of his arrest.
His 19-month sentence ended in early 2013, when his two-year probation period began. For his second probation period, he will be subject to the same conditions he received when he was first sentenced in 2012.
Moskalewski's lawyer says her client has been undergoing therapy and will likely continue to see a psychologist as part of his probation conditions.