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Jared Fogle accomplice gets 27 years in child porn case

Tim Evans, Mark Alesia and Kristine Guerra
The Indianapolis Star
Russell Taylor, 44, the former head of Jared Fogle's charitable foundation, has agreed to plead guilty to 12 counts of producing child porn and one count of distributing it.

INDIANAPOLIS -- After tearfully pleading to the judge that he not be left "to rot in a landfill of lost souls," Russell Taylor was sentenced to 27 years in prison on child pornography charges Thursday.

The criminal accomplice of former Subway pitchman Jared Fogle — who was sentenced to more than 15 years in prison last month — will be at least 65 years old when he's released.

For much of the hearing, Taylor, 44, who headed The Jared Foundation from 2008 until his arrest in April, stood facing federal judge Tanya Walton Pratt, his hair unkempt and answering her questions with "Yes, ma'am" and "No, ma'am." He wore a dark green prison jumpsuit. Shackles restrained his hands and feet.

From behind, the chains around Taylor's waist were visible to his mother, father, stepfather and other family members watching from the audience.

Sordid details in double life Jared Fogle and partner in crime lived

The sentence was eight years less than what prosecutors sought. Pratt rejected the defense that Taylor was a pawn of Fogle's, but gave him credit, saying his cooperation with authorities means "Jared Fogle is off the streets."

The hearing was expected to be the end of a high-profile, sordid saga that began with Taylor's arrest in April. But Thursday's testimony raised additional questions, including the involvement of Taylor's wife Angela and two unnamed business associates of Taylor and Fogle. One of those associates was affiliated with Fogle's charitable foundation, according to a question from Taylor's attorney.

The prosecution witness, IMPD detective Darin Odier, declined to answer, citing "an ongoing investigation." DeBrota confirmed after the hearing that “investigations are ongoing on people beyond Russell Taylor and Jared Fogle.” He declined further comment.

Testimony revealed for the first time that Taylor's wife was in some of the videos helping set up hidden cameras used to record naked children in her home.

"Taylor and his wife are both seen positioning a camera in a way to see this child naked in the bathtub," the judge said, referring to a video of a niece under the age of 10.

Jared Fogle (right) and Russell Taylor, former head of the Jared Foundation, took a selfie with students of Euper Lane Elementary School in Fort Smith, Ark., on March 20, 2014.

Assistant U.S. attorney Steve DeBrota had no issues with the judge's sentence, saying her rationale was “grounded solidly in (Taylor's) cooperation.”

“At the end of the day, part of our point here is we wanted to rescue as many children as possible and hold people accountable for what happened,” DeBrota said.

During the hearing, DeBrota said 12 victims — including Taylor's own children and stepchildren — is a lot in a child porn production case. He also noted Taylor's four-year pursuit of nude images of children in his home. Taylor, DeBrota said, had to be "patient, calculating, devious and motivated."

Brad Banks, Taylor's lead attorney, acknowledged Taylor deserved to spend more time in prison than Fogle, calling Pratt's determination an "extremely fair" sentence.

Knowing that Pratt gave Fogle a longer sentence than prosecutors requested, Banks said, "We had that concern, too." But the judge said Taylor didn't deserve a sentence twice as long as Fogle's.

Family members waved to Taylor as he was led out of the court. His mother looked on intently, gently patting her chest with one hand. Those family members declined comment after the hearing.

The three-hour, 40-minute hearing was more contentious than Fogle's sentencing hearing, but it was similar in that the defendant made a tearful plea.

Taylor said that for five years "I took my eyes off God," and said his "return to the Lord led to his guilty plea." His stepfather, a Baptist preacher, looked on, often covering his face with his hand or closing his eyes.

"I've been falling asleep in a puddle of tears every night ... crying out to God," Taylor said.

"I'm begging for mercy for a lenient sentence," Taylor said, saying he wanted to be back with his family "while I'm of age and health to be of some service to them." He also said he has been "internationally disgraced" and wants to use his notoriety to advocate against child pornography.

“Please do not leave me to rot in a landfill of lost souls,” he pleaded tearfully.

Much of Taylor's defense depended on psychological problems from an abusive childhood and depicting Fogle as a domineering friend and boss. Taylor said he spent much of his life feeling alienated, "a guy that's been lonely for a long time." But in Fogle, Taylor said, "I met somebody who was famous and rich and he wanted to be my friend."

Taylor said his desire to maintain that friendship with Fogle — which also gave him a luxurious lifestyle — caused him to "make mistakes" that harmed victims and shamed his family.

A psychologist for the defense said a seven-hour session with Taylor revealed childhood abuse, including sexual assaults by a neighbor boy and that boy's father. She also said he was beaten by his mother, who sat in the second row of the audience as those details were recounted.

There was also testimony about Taylor's father, who was also in the courtroom. The psychologist described the father picking up women at bars and bringing them home, where they sexually assaulted Taylor as a teen.

But DeBrota attempted to discredit the psychologist's work, saying it relied almost exclusively on Taylor's word and was "unworthy of this court." Their exchanges became intense to the point where Pratt interrupted.

"Let's slow down, take a deep breath," she said.

Later, in her closing comments, the judge noted that Taylor considered his conduct in the criminal case "mild compared to what he experienced as a child."

The shocking child pornography case attracted international attention because of the involvement of Fogle, who was sentenced last month for possession of child pornography and traveling across state lines to have sex with a minor.

In a deal with the U.S. Attorney in September, Taylor agreed to plead guilty to 12 counts of producing child pornography in exchange for a sentence of between 15 and 35 years, far less than the 380 years possible had the judge handed down the maximum on each count and ordered those sentences to be served consecutively.

Taylor, who attempted suicide days after his arrest while being held at the Marion County Jail, has since been incarcerated at a federal facility in Kentucky

Follow Tim Evans on Twitter: @startwatchtim. Follow Mark Alesia on Twitter: @markalesia. Follow Kristine Guerra on Twitter: @kristine_guerra

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