Judge delays sentencing on point of law in two child porn cases

Michael Wayne Lee, left, and Kristopher Michael Brumfield
Michael Wayne Lee, left, and Kristopher Michael Brumfield

Two self-professed child pornographers, including one who trafficked images online, won’t be sentenced until they can review the results of their psychosexual evaluations, court records show.

Sentencing hearings for Mississippi Coast residents Kristopher Brumfield and Michael Wayne Lee were delayed Thursday after a judge learned the men had been denied access to the results of their court-ordered evaluations.

Psychosexual evaluations provide a sexual history of a defendant and identify aspects such as possible mental health needs, stimuli to sexual arousal in socially unacceptable and illegal behavior, previously undetected sexual behaviors, risk factors and a defendant’s level of risk.

The evaluations contain information attorneys can use to argue for or against a defendant before a judge imposes a sentence.

Both men have pleaded guilty in unrelated criminal cases. They each face up to 10 years in prison, five years to life under supervised probation, and a maximum fine of $250,000 and/or restitution.

Brumfield, 38, of Ocean Springs, faced harsher penalties under a three-count indictment on child porn trafficking. Lee, 52, from Biloxi, has pleaded guilty to a one-count indictment on child porn possession.

Chief U.S. District Judge Louis Guirola Jr. will set their hearings on his docket at a later time.

In Broomfield’s case, Guirola delayed sentencing after Assistant Federal Defender John Weber filed a motion saying the U.S. Probation Office had refused to share the evaluation results in violation of a federal rule of criminal procedure.

Brumfield’s evaluation report was redacted and filed under seal Tuesday, the court docket shows.

Brumfield has pleaded guilty to accessing a photo-sharing website containing child pornography and trading sexually explicit videos of children via email. A Homeland Security Investigations agent in Gulfport linked him to user profiles on a website in a different country and to email accounts Brumfield used to trade videos with others.

Brumfield is held with no bond.

Lee has admitted having child porn on his home computer. But his allegations didn’t stop there.

Lee was out on bond when St. Martin residents filed complaints alleging he had stood at his front door and rubbed his genitals while he watched neighborhood children playing. His bond was revoked, but he was allowed to move into a relative’s home after the judge was notified he had cancer and was undergoing chemotherapy.

Lee is on 24-hour lock-down except for medical and court visits. A computer in his relative’s home was removed in compliance with a court order. He is prohibited from accessing the internet.

Robin Fitzgerald: 228-896-2307, @robincrimenews