Sex addiction to blame in child porn case, offender says
Gary Miller says his life has been destroyed by his actions
Shane Magee
Northern News Services
Friday, August 21, 2015
SOMBA K'E/YELLOWKNIFE
Gary Stephen Miller told an NWT Supreme Court judge Wednesday that his sex addiction led to him viewing Internet porn and eventually child porn.
"I was an addict to Internet pornography," Miller said Wednesday as his lawyer and the Crown outlined his personal history and that of his crime as part of his sentencing hearing.
He claimed that by watching porn, a person gradually moves from material that might be considered socially acceptable to that which is not.
"It's a gradual slide into progressively worse material," he said.
The 63-year-old has pleaded guilty to possessing child porn. The charge carries a mandatory minimum sentence of six months in jail. Charges of accessing, making and distributing child porn were stayed after the plea was entered.
In total, Crown prosecutor Kindra Lakusta said the former Ekati diamond mine employee had 659 photos and 77 videos that police determined to be child pornography on several hard drives at his home. Other images could not be verified as showing someone underage.
Justice Karan Shaner was shown parts of 10 videos from Miller's collection which included children posing naked, adults having penetrative sex with children and bestiality involving children. She barely reacted other than by blinking often. Miller listened to much of the lengthy hearing without emotion and with his head bowed, although he broke down in tears while later testifying about the impact of his crime.
The age of the children shown in the videos found in Miller's possession covered a broad range, Lakusta said. Some were less than five years old, she said police estimated.
Lakusta sought a jail sentence of 18 months and three years probation, emphasizing that Miller was also distributing the porn via peer-to-peer file sharing software.
He was caught during a national investigation into the distribution of child porn when an officer in Toronto downloaded six full videos and three partial videos originating from his computer in May 2014.
Police tracked down the source of the videos to Miller's home and carried out a search warrant.
He told police when he was arrested that "I have a problem ... I need help," according to an agreed upon statement of facts read in court.
Miller said he grew up in the Toronto area. He was married and had a son but the couple broke up in 1989. He moved North in the mid-1990s for a job as a surveyor and eventually started working for the mine.
After being charged he resigned his position at the mine as a superintendent of project engineering where he was making about $250,000 per year, including bonuses and benefits.
The charges had a devastating impact on his life, he said.
"My family was of course completely devastated and destroyed," he said. His son sent him a letter asking him to never contact him again. His pool of friends and acquaintances in the city shrank from "hundreds" to "a handful."
Miller stated that prior to the charges being laid, he was not religious.
He recounted how on the day he resigned his job, he went to a hardware store to buy materials to take his life.
However, while at the cashier, the card reader would not accept his card despite several attempts, but did work for the person behind him. He described that moment as an "intervention."
"A voice or whatever said, 'this isn't what you do,'" he said, adding that he couldn't get through his problems now without religion.
Defence lawyer Peter Harte said the Crown had not brought any evidence to show Miller is at risk of re-offending.
Harte focused on more than $8,000 Miller has spent since his arrest in seeking treatment and highlighted that the man confessed immediately upon arrest and then pleaded guilty as soon as possible. Harte sought a jail sentence of about six months followed by three years probation.
During the hearing Miller did not apologize for his actions. Lakusta pointed out that in a therapy document, he listed those most impacted by his crime as his son, his family, friends, co-workers and acquaintances. The children in the videos did not make the list.
Harte asked Miller what he thought when reading a victim impact statement from a girl who was shown in the porn he had collected. Miller described feeling devastated and heartbroken.
"After years and years, there's no person there behind the pictures. That's the first time I realized I was an abuser ... I got it then what my participation (with child porn) meant," he said.
The judge reserved decision on how long Miller will spend in jail until Oct. 2. In the meantime he will be held in custody.
