Christopher Spitzer, the Boulder man who pleaded guilty to possession of child pornography is asking a judge for 10 years in federal prison, the minimum sentence under his plea agreement.
Spitzer, 42, is due for sentencing on Thursday and is facing 10 to 20 years in prison.
In a motion submitted on Dec. 13, Spitzer's attorney John Pineau wrote the "gravity of the offense, its consequences, and the need to uphold and respect those principles is best served by a ten years prison (sic) for Mr. Spitzer's first felony conviction."
While the presentence report documents have not been made public, Pineau said in the document the probation department also recommended 10 years in prison. He noted the press Spitzer's arrest has garnered as well as the fact that Spitzer has never been accused of contacting any children.
"A 10-year prison sentence will provide a glaring, indelible source of deterrence and shame," Pineau wrote. "Prison will isolate Mr. Spitzer from the public. The facts, treatment and testing verify he has not committed any contact offenses. The prison system will adequately protect the public from any further crimes."
Pineau also requested in the motion that Spitzer be placed in the federal detention center in Englewood "both because of the treatment available and because his family will be able to visit him."
Spitzer is currently being held without bond at the Jefferson County Jail.
Spitzer originally was charged by the Boulder County District Attorney's Office in this case, but those charges were dismissed to make way for a federal indictment.
According to an arrest affidavit, police were alerted when a child pornography investigation out of Jefferson County traced pornography downloads in January to an IP address listed to Spitzer's father, John, a PLAN-Boulder County member and founder of the Whittier Neighborhood Association.
On Feb. 7, police officers served a search warrant at John Spitzer's Boulder home where Christopher Spitzer was living at the time. Police seized a laptop and found hundreds of images and videos of child pornography, some of which pictured children as young as 4 years old.
Christopher Spitzer admitted to possessing the child pornography in an interview with a detective, according to the affidavit.
He also was arrested in a child pornography case in Gunnison in 2005. He pleaded guilty in that case to a misdemeanor charge of possession of child pornography and was sentenced to 60 days in jail and five years of probation.
In late 2016, Spitzer was able to de-register from the sex-offender registry because he had been off of probation for five years and had not been arrested on any new charges in that time.
Pineau, who represented Spitzer in the previous case as well, wrote in the recent sentencing memo that Spitzer "has never abused a child, he engages in treatment and he has a perennial drive to succeed and do better."
The observations of a therapist also are included in the report, indicating Spitzer "describes his use of child pornography as an attempt to deal with isolation and identification."
The therapist noted Spitzer is dealing with cognitive and psychological conditions possibly caused by a "perfect storm of childhood trauma and brain injury."