Lawyers want man to get harsher charge in child pornography case

A former Bonita Springs youth sports coach and photographer accused of keeping a stash of child pornography is expected to face a new, harsher charge later this month, lawyers said Monday.

John Edward Kutchmarek, 40, of 27951 New York St., No. 4, pleaded innocent in federal court in the spring after he was arrested in March and indicted on a charge of possession of child pornography. That charge is expected to change this month after prosecutors seek a new indictment on a charge of transportation of child pornography.

"The government does intend on superseding the indictment," Assistant U.S. Attorney Yolande Viacava said Monday.

Kutchmarek worked as a security guard and operated the freelance photography company Action Team Photos in Bonita Springs. He took photos of teams from Lee and Collier counties.

Kutchmarek's defense attorney, Steven Leskovich, said Kutchmarek currently could be sentenced to up to 10 years in prison. After the superseding indictment on the transportation charge, Kutchmarek would face a mandatory minimum of five years behind bars if convicted, Viacava said.

The possession of child pornography charge is punishable by up to five years in prison.

Chief Assistant U.S. Attorney Doug Molloy said Kutchmarek transmitted images of child pornography via computer, but he declined to comment on how many pictures investigators say Kutchmarek sent. He declined further comment on the pending new charge because that case hasn't gone before a federal grand jury for indictment.

Kutchmarek was arrested March 10 after investigators said he kept computer discs in his home containing images of prepubescent boys in various stages of undress, engaging in sex acts with children and adults. FBI and Lee County Sheriff's Office investigators searched his home March 8 after an agent traced some child pornography to Kutchmarek's computer. Inside a safe, they found about $18,000 cash and two spindles of CDs and DVDs that contained pictures and movies of children and adults in sexually explicit poses, according to court records.

One CD found inside the safe featured a photo, apparently taken in Kutchmarek's trailer, of a clothed boy sleeping on a couch. The sofa pattern and background in the room appears to match Kutchmarek's couch, prosecutors have said.

Viacava has said that Kutchmarek had two little brothers as part of a Big Brothers/ Big Sisters program. One picture showed a child "that the defendant acknowledged was his little brother" from the program, she said.