Child molester given 80 years in state prison Neihaus must first serve 35 years in federal pen
Published 12:04 am Saturday, August 21, 2010
A Warren County man sentenced Tuesday to spend 35 years in federal prison for possession and production of child pornography was sentenced again on Friday, this time in circuit court, and will spend an additional 80 years in state prison after admitting that he molested a minor and filmed the sexual abuse.
Bryan Blake Neihaus, 22, 452 Tilton Ranch Road, pleaded guilty in Warren County Circuit Court to two counts of molesting a child, two counts of sexual battery of a child and two counts of child pornography.
Under the sentence handed down by Circuit Judge Isadore Patrick, Neihaus’ 80-year term in state prison will begin to run after his federal sentence expires. Specifically, Patrick sentenced Neihaus to two concurrent 45-year terms for the sexual battery convictions, two concurrent 20-year terms for the child pornography convictions and two concurrent 15-year terms for the molesting convictions. He also must pay state fines totaling $17,500, plus court costs and fees.
According to a report read in court by Warren County District Attorney Ricky Smith, Neihaus was arrested in January after an FBI investigation discovered thousands of images and videos of child pornography on Neihaus’ computer. Two of the videos showed Neihaus sexually abusing a child who was under the age of 13, the report said.
“In 17 years of practice and three as district attorney, this is by far the worst abuse case that I have seen,” Smith said. “The images are sickening.”
Patrick told Neihaus that he had viewed the tapes before the sentencing hearing. “That was very disturbing for me,” Patrick said. “Some of the images, it will be a long time before I can clear them from my head.”
Clad in an orange Warren County Jail jumpsuit and accompanied by his attorney, Michael Warren, Neihaus remained silent during the hearing except to respond affirmatively to Patrick’s questions about whether he understood the charges against him, the maximum and minimum sentences that the judge could impose and his right to plead not guilty and request a jury trial.
In exchange for the plea, the district attorney’s office dropped four separate sexual battery charges against Neihaus that involved abuse of the same child.
Smith requested that Patrick impose the maximum penalty— which would include a life sentence for each sexual battery charge — on Neihaus, but he said he was pleased with the judge’s ruling.
“He’s been sentenced to a total of 115 years in prison, 80 of that for charges he was convicted of here,” Smith said. “We’re happy with that.”
The abused child’s stepmother, who attended the hearing, agreed.
“I wish that he could have gotten the death penalty, to be honest with you,” she said. “But I’m glad he’s going away.”
Neihaus’ federal sentence, handed down Tuesday in U.S. District Court in Natchez, includes two concurrent 10-year terms and four concurrent 25-year terms in U.S. prison, as well as a fine of $1,500 and a restitution assessment to be determined at a later date.
Smith said concern about limitations on the federal sentence motivated him to proceed with state charges against Neihaus, who was indicted in May.
“I knew that the federal system might be bound by federal sentencing guidelines, and that they may not be able to give the punishment that these crimes deserve,” he said.
Neihaus was turned over to the Warren County Sheriff’s Department by federal authorities earlier this week for purposes of the sentencing hearing, Sheriff Martin Pace said. According to Pace, he was returned Friday afternoon to the Madison County Detention Center, where he will await transportation to federal prison.