By Staff
CASSOPOLIS – James McCanse, 58, a prominent Dowagiac chiropractor, was sentenced Friday morning to 120 days in jail and five years of probation on each of four counts of possession of child sexually abusive material that he obtained on the Internet. The sentence was imposed by Judge Michael Dodge in Cass County Circuit Court.
McCanse was investigated by Michigan State Police in January, 2007, after learning that he viewed 159 photographs, 52 of which were of an adult and a child doing sexual activities, according to Prosecutor Victor Fitz.
The courtroom was filled with about 40 friends and family of McCanse who were crying and hugging McCanse's wife and family members after the sentencing. Dodge said he received lots of letters of support for McCanse and professional reports.
Defense Attorney Michael Maddaloni of Lansing said it is true there are victims but they were not victimized by McCanse.
Fitz recognized there were no victims speaking in court of the 159 child pornography pictures found on McCanse's computer, only three little children have been identified. The balance of the child victims are without identity, he said. "They likely come from multiple states and even nations. Many of the kids appear to be less than 10 years old, prepubescent in nature.
"Your honor, I believe truly well-intended writers on behalf of the defendant state that Mr. McCanse has not hurt or threatened anyone. Yet even the defendant knows and acknowledges that this is not true. The photographs which the defendant and a marching army of others have viewed show a terrible abomination. They include sadism.
"Some of the photos the defendant acknowledges having on his computer show children forced to pose nude and in a sexually explicit manner. Others showed prepubescent children being forced to perform sexual acts on each other. Another photo shows children being raped by adults. A little girl is shown naked, bound, gagged and being whipped. Another little girl is shown wearing a dog collar while a male adult is forcing sexual intercourse upon her. The terror on her face is horrifying to view."
Fitz said the defendant acknowledges viewing at least six to 10 child pornographic videos.
"I believe it is safe to say that most, if not all of the little ones in the 159 photos are permanently injured, some psychologically and some perhaps physically. They will no doubt live tortured lives for months and years and decades. Some may never make it to adulthood. Children are injured and some even die because of the child pornography industry. Drug overdose, sexual diseases and even darker sides of the child pornography industry claims youthful victims every year. When Mr. McCanse or others look at these pictures, they perpetuate the child pornography industry. And each time they re-victimize these children."
Fitz said McCanse knows that despite the despicability of his actions, there is forgiveness but the sentence focuses on accountability. He asked for a meaningful amount of incarceration.
Maddaloni said the people came to court because McCanse is a decent man. He fell and looked at the photographs. He accepts his responsibility. He will not view them anymore. He is ashamed and embarrassed as a chiropractor.
"He helped a lot of people in pain. They are here. For all he has done, he helped people every day. His license is gone. He will register as a sex offender. He is ashamed for his family and this community. This is his only crime and will be his last. He is not going to become a dealer. I think what Fitz said was true but over dramatized," he said. He noted McCanse has gone for help and wants forgiveness in asking the court to be lenient.
Maddaloni said McCanse has obtained employment with a helicopter firm and will give community service. He asked the court to continue therapy with a doctor and to allow him to continue consulting in church.
In addressing the court, McCanse said he knows these children have lost. "I have no excuse. I have my savior, patients and friends. I would like to help others not to do what I did. I am sorry."
Dodge recounted that the Michigan State Police found McCanse during an investigation of subscribers over the Internet. He said McCanse was cooperative with investigators and allowed them to seize his computer.
Dodge said McCanse was married in 1971 and has five children. He obtained his chiropractic license in 1975 and has been in the community 32 years. He has two offices, one in Dowagiac and one in Decatur. "You have many friends and patients. You committed this in the privacy of your own office after hours. You did not pose a danger to children in this community. But when you visit a site you are promoting the industry to further exploit children. He said it gives them more customers."
Dodge sentenced McCanse within the guideline range of 2 to 17 months and had no objections to work release. He imposed a probation fee of $2,440, $750 costs and to register as a sex offender.