The sentencing hearing for a Kewanee man found guilty of possession of child pornography after a bench trial with Judge Patton on February 11, 2025, was continued because the report from the sex offender evaluation appeared to be incomplete. State’s Attorney Runty said the state had concerns regarding a section in the report regarding diagnoses. Either the section was accidentally left in the report or any diagnosis was left out. The report also states that the defendant was incarcerated and in custody, which isn’t the case. The report will be sent back to the doctor for corrections. The sentencing hearing was continued to April 25, 2025, at 11 AM.
Matthew Derr is facing three to seven years in the Illinois Department of Corrections (IDOC). However, probation is possible, and the fine is $1,000 to $10,000. Derr rejected an offer from the state for a cap of three years in the IDOC and a $1,000 fine.
State’s Attorney Runty said this case is very straightforward regarding child pornography. “The video clearly depicts a child, even without seeing the face. This was a child having sex.” Defense Attorney Camp argued that the state hasn’t shown who had possession of the video between February and May. “The video is tied to Derr,” but there is no evidence that Derr possessed the video. The defense argued that the video doesn’t prove that the female in the video was a child and not a “small” adult female. State’s Attorney Runty countered that Mr. Derr admitted to Detective Kazubowski that this was a one-time download.
Judge Terry Patton said that the state must prove that this was child pornography, that the defendant knew this was child pornography, and that the video was in Derr’s possession. Judge Patton said that Derr admitted to police that he possessed the video and described the female in the video as “a little girl.” The state does not need to prove the age of the subject. Judge Patton said, “There is no question in the court’s mind that this is a child.” Judge Patton said there was no hesitation in the court’s mind that she was a child based on his experience in the judicial system and the size disparity between the male and female subjects. Judge Patton found Matthew Derr guilty of a single count of Possession of Child Pornography.