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Border Agent Exempt from Child Sex Prosecution

January 8, 2010

azstarnet.com: Border agent gets probation for showing boy porn- Abuse charges dropped as part of plea bargain.

Once again, those in positions of authority are not held to the same sex offender standards to which other Americans are. He was not prosecuted for the child sex crimes and was held exempt from the sex offender registration.

A 32-year-old U.S. Border Patrol agent was sentenced to four years’ probation Thursday for furnishing obscene material to a minor, a felony. A Sahuarita resident told police last February that two of her children, ages 10 and 13, said Flavio Maldonado had shown them pornography on his home computer. The 13-year-old also said Maldonado had touched her inappropriately as she sat in front of a bathroom mirror and on another occasion. Maldonado was indicted on two counts of furnishing obscene or harmful items to minors, one count of sexual abuse of a minor under 15 and one count of molestation of a child.
(Astoundingly, he was not prosecuted for these sex abuse crimes)

Maldonado pleaded guilty in November to one count of furnishing obscene items to minors as part of a plea agreement that stated he could be placed on probation or receive up to 3.75 years in prison.

Deputy Pima County Attorney Carolyn Nedder told Judge John Leonardo ( Pima County Superior Court) that if he was inclined to place Maldonado on probation, he should be required to register as a sex offender and to be supervised by probation officers who work specifically with sex offenders.

Although one portion of a psychological-sexual evaluation, which is based on self-reporting, indicates Maldonado isn’t likely to re-offend, Nedder said the overall evaluation determined the likelihood of Maldonado’s re-offending is “moderate-to-high.” The person who conducted the test indicated Maldonado’s behavior is typical of child molesters who “groom” their victims, Nedder said.
Defense attorney Richard Kingston told Leonardo that Maldonado’s actions were innocuous; he thought the boy was asleep while he watched the pornography. Kingston also stressed the results of the test that showed Maldonado wasn’t likely to re-offend. Maldonado told Leonardo he’d never do anything to hurt the children and he regrets everything that has happened. “I’ll make sure nothing like this ever happens again,” Maldonado said.

Leonardo placed Maldonado on probation because of his lack of criminal history, his employment history, the mother’s input and the low-risk test result. The judge declined to require Maldonado to register as a sex offender but will decide in March if he should be placed on a special sex-offender caseload. He also will decide whether Maldonado should be allowed unsupervised visits with the children. Maldonado, who was stationed in Nogales, was originally reassigned to administrative duties but is now on unpaid suspension.

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