A Carmel Valley poet and architect was sentenced this morning to 90 days in jail and three years probation for possession of child pornography.
Denis Wagner, 72, may be allowed to serve the time on home confinement. Judge Terrance Duncan cited his age in sentencing him to 90 days, rather than the 150 recommended by the probation department.
Retired Judge William Burleigh asked Duncan not to require jail time or registration as a sex offender from Wagner, who he said he'd hired to help him rebuild his Big Sur house after it burned last year. He said his criminal conduct was an abberation.
"I know him," he said. "He's just not that type of person."
Prosecutor Amy Patterson said the case was very serious, citing hundreds of victims pictured in the pornography found on Wagner's computer. She also noted that Wagner obtained some of the pornography from teenagers with whom he was communicating in Web chat rooms and from whom he'd solicited sex.
Wagner was arrested in November. He was given until Aug. 5 to report to jail or make arrangements for home confinement. Duncan required him to register as a sex offender for the rest of his life.