NORRISTOWN A former Pottstown man has admitted to possessing obscene materials while he was on parole and probation for a 2004 child rape conviction.
Charles Oliver Kunkle, 27, formerly of the 500 block of East High Street, pleaded guilty in Montgomery County Court on Wednesday to a misdemeanor charge of obscene materials in connection with an August 2011 incident. Kunkle also admitted that the crime was a violation of his previous parole and probation.
Judge Thomas C. Branca, accepting a plea agreement, sentenced Kunkle to a total of 10 years probation, which will run consecutively to any sentence that the state Board of Parole eventually imposes against Kunkle for the parole and probation violation. Kunkles state parole hearing has not yet been scheduled.
The board will make an assessment and decision and hold a hearing as to what, if any, sentence should be applied. Hes still facing a lengthy period of incarceration even though he was sentenced to probation on the new case, explained defense lawyer Anita M. Seth.
By pleading guilty to the latest charge, Kunkle, who has been in state prison since his August 2011 arrest, avoided a potential mandatory sentence of 25 years imprisonment had he been convicted at trial of a more serious felony charge of possession of child pornography.
Testimony revealed the sentencing agreement was hashed out between Seth and Deputy District Attorney Samantha Cauffman after legal proof issues in the case arose during pretrial hearings. During those hearings, Seth and co-defense lawyer Christa Miller challenged the nature of the alleged content of the DVD that authorities claimed was found in Kunkles possession while he was on parole and probation for the 2004 conviction.
Under Wednesdays sentencing agreement, Kunkle gave up his right to further challenge the evidence. Prosecutors, on the other hand, dont have to fight to overcome the pretrial issues that arose in the case.
I think after he sat down and we talked about everything, he made the decision he felt was in his best interests, Seth said.
I think he will be happy to have a resolution to the matter, added Seth, referring to Kunkles upcoming parole board hearing. To have a case thats open for two-plus years weighs heavily on a persons mind and the not knowing is a heavy burden to bear. So, I think the resolution itself will bring him some peacetheres an end in sight for him. He knows that he will be home with his family sooner rather than later and Im sure thats a comfort.
Kunkle, who also once resided in Lower Frederick, addressed lawyers and the judge politely but showed no emotion during the brief hearing. Kunkle was supported in court by his mother and girlfriend.
Kunkle must report his address to state police for the rest of his life in order to comply with the states Megans Law.
According to the arrest affidavit filed by county detectives, a state parole agent conducted a search at Kunkles Pottstown residence on Aug. 11, 2011, when a DVD containing alleged obscene materials involving a minor was discovered.
The search was conducted to determine if Charles O. Kunkle was in compliance with the guidelines set down by his parole release order and that he was not violating any conditions of his supervision, detectives wrote in the criminal complaint.
Detectives noted in the affidavit that during a compliance check on Aug. 4, Kunkle told a parole agent he was having a difficult time adapting to life on the outside of incarceration and that his tendencies were returning.
Kunkle allegedly told the agent that he did not have contact with children but did view pornography.
In addition to the suspect DVD, officials discovered childrens toys and a VHS tape labeled to contain childrens cartoons in Kunkles residence, court papers indicate.
In May 2006, Kunkle, then 19 and of Lower Frederick, was sentenced to five to 10 years in a state correctional facility after he pleaded guilty to charges of rape and involuntary deviate sexual intercourse in connection with the sexual assaults of two children, who were under 10 years old, while they were in his company at various times in the Schwenksville area between April 2001 and January 2002.
At that time, a judge also ordered Kunkle to complete five years probation upon being paroled from prison and also ordered Kunkle to have no contact with the victims.
Kunkle was 16 at the time of the previous incidents; however, because of the violent nature of the offenses, authorities prosecuted him as an adult.
Kunkle, who had been in jail since 2004 on the original charges, was released from state prison on parole in January 2010 after serving his minimum sentence. Kunkle was serving his parole and probation at the time he was arrested on the new charges in August 2011.
Follow Carl Hessler Jr. on Twitter @MontcoCourtNews
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