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Former Brasher Falls man awaits approval to return to home state after sentence for child porn

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CANTON — A former Brasher Falls man was sentenced to 10 years’ probation and designated as a Level 1 sex offender Monday in St. Lawrence County Court.

Mihael A. Delamontagnes, 40, Willington, Conn., was told by St. Lawrence County Judge Jerome J. Richards that he can’t go back to Connecticut until that state approves the transfer of his probation supervision for his conviction on one count of attempting to promote a sexual performance by a child, a class E felony.

Mr. Delamontagnes shared a video depicting a boy under the age of 17 engaged in sexual conduct with an adult. Court documents said he was in possession of 132 images.

He was arrested in October following a 10-month joint investigation by the St. Lawrence County Sheriff’s Department and the Department of Homeland Security in Massena into electronic peer-to-peer file-sharing networks where suspects allegedly share child pornography.

Mr. Delamontagnes, who is represented by Public Defender Stephen D. Button, originally was charged with 132 counts of promotion and 132 counts of possession of a sexual performance by a child.

Mr. Button said that under a plea deal worked out with the prosecution, his client’s admission satisfies all original charges.

Mr. Delamontagnes also must surrender all seized equipment and may not have any contact with computers during his probation.

Mr. Button said that, as part of the plea deal, he was made to understand that it could take anywhere from two hours to five days for Connecticut to approve the transfer, allowing his client to return home.

“My client is indigent,” Mr. Button told Judge Richards. “He has nowhere to go.”

Judge Richards warned Mr. Delamontagnes that if it is discovered that he returned to Connecticut before that state’s approval of his transfer of probation, he could be thrown out of the state.

And although that state has five days to respond, St. Lawrence County Probation Supervisor Timothy LePage said it could take months.

“We have no control over another state,” Mr. LePage said. “We have had people born and raised in other states move here, commit a crime, and then be denied the ability to move back.”

Mr. Delamontagnes agreed to await his home state’s decision. In addition to his 10 years of probation, he is to pay $1,425 in court fines, fees and surcharges.

His $5,000 bail was exonerated and he was released under probation supervision.

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