Porn Case

David Dear and his defense attorney, Thomas Clark, pleaded no contest to Dear’s charges of possession of child porn Oct. 7 to Judge Jason Lidyard in Tierra Amarilla. Dear was sentenced to 10 years, reduced to one year with time served, meaning he had six days remaining on electronic monitoring.

David Dear, Ohkay Owingeh, pleaded no contest in First Judicial Dsitrict Court Oct. 7 to charges of felony possession of child porn.

Seventy-five-year-old Dear agreed to 10 years in custody, reduced to one year with time served, meaning he had six more days in jail to serve. Dear had been serving his time on electronic monitoring.

The deal also came with five years of probation and Dear would have to spend the rest of his life on the sex-offender registry.

The state said that in May 2019, Dear’s employee found child porn on his work computer. She then quit the job and reported the discovery to the police.

After Dear and his attorney, Thomas Clark, presented the plea, Judge Jason Lidyard explained the rights that Dear would give up and then went through the stipulations of the plea. 

Clark explained to the judge that Dear had developed memory issues but was able to understand what he was agreeing to.

Lidyard asked Dear if he learned anything from his experience since getting caught. 

“Oh my gosh,” Dear said. “I learned so much about my past and myself and things that I just can’t control that I’m not aware of, and how the system looks at that.”

Dear said he had been attending therapy since his arrest.

“I don’t believe that the things that come (bring people) into my courtroom are shining examples of who they are,” Lidyard said. “I’m happy to hear you’re engaged in therapy. That’s necessary, absolutely necessary.”

Lidyard said that the people who commit these sorts of crimes often don’t think of the children harmed in the creation of child porn.

“The damage to the individuals in these materials is devastating,” Lidyard said.

Dear pleaded no contest to a charge of sexual penetration of a minor under the age of 13 in 1990 for which he received a suspended jail sentence and was ordered to attend therapy for sexual abuse and alcohol. Dear received an early release from his probation in 1994.

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