A 55-year-old Gardnerville man, convicted of possession of child pornography, was told Monday he could have telephone contact with the mother of a 7-year-old girl he once was accused of molesting.
District Judge Michael Gibbons reinstated probation for John Michael Parks, convicted in 2008 of possession of visual presentation depicting sexual conduct of a person under 16.
Parks, sentenced to five years probation in August 2008, was jailed in May after his probation officer discovered the Gardnerville machinist had been with the woman and had pictures of her and her daughter. It was the second time he had been caught having contact with the woman he was forbidden to see.
The woman had repeatedly initiated contact with Parks and once asked Gibbons for permission to see him.
Parks and the woman claimed he had not seen the child, but probation officials expressed concerned that the defendant was "grooming" the mother so he could have access to the little girl.
Parks was arrested Nov. 30, 2007, when police found 300 sexually explicit images of children, some as young as 12 months old, at his residence.
Originally, he was charged with two counts of lewdness with a child under age 14 and three counts of visual presentation depicting sexual conduct of persons under age 16.
At the time of his arrest, Parks was accused of inappropriately touching a girl from January 2006 until Feb. 15, 2007 when the child was 4.
The lewdness charge was dropped because prosecutors said the alleged victim was unreliable as a witness and there would be a better chance for a conviction on the pornography charge.
He was forbidden to have any contact with the child or face imposition of up to three years in prison. He is on five years probation.
Parks' lawyer, Ron Cauley, said Monday the woman had been participating with Parks' in court-ordered therapy.
In a report to Gibbons, one of Parks' therapists said he had a "guardedly bright prognosis."
"When dealing with a woman in an abusive relationship, sometimes the women don't protect their children, but rather their interest in keeping the relationship," Gibbons said.
"Here, it appears (the mother) is participating in the therapy. It looks like she is fully advised of Mr. Parks' sexual proclivities and decided to stay with him," Gibbons said.
Parks admitted the couple had a sexual relationship.
"I just wanted to give her some support. Talking to her on the phone gave some support to her and me," he said.
"It sounds like it went much further than that," Gibbons said.
Parks said the woman came to his house and he repaired her four-wheel drive vehicle.
"Did it lead to something more than working on her car?" Gibbons asked.
"Yes, your honor. I gave her a hug and a kiss and we had some sexual contact," Parks said.
He said they were outside the presence of the child and he had not seen the child.
Psychologist Dr. Joseph McEllistrem said in his report it appeared Parks had no contact with the little girl.
Probation officer Kevin Young recommended that probation be revoked. This was Parks' second violation involving contact with the little girl's mother.
"In the previous violation, Mr. Parks was advised he had to find another adult female to have a relationship with," Young said. "He told me that wasn't going to happen."
In reinstating Parks, Gibbons said on probation, the defendant would be under stricter supervision for a longer period of time, and have access to therapy than if he sent him to prison.
In citing a parole and probation report, Gibbons said Parks had been sexually molested as a child and failed to seek treatment.
"He became involved in child pornography as a customer rather than a producer," Gibbons said.
He was classified as a low risk to reoffend and a good candidate for treatment.
"My client is not a Don Juan," said attorney Ron Cauley. "He is a very isolated, reclusive type of personality. He's doing the best he can to walk this tightrope."
Parks described his relationship with the woman.
"We're not married. She's the closest thing I've ever had to a wife," he said. "I don't want to abandon her. I want to give her a better life and in turn, she can give the child a better life."
Parks claimed he was unaware that he had a picture of the little girl and her mother that his probation officer found at his house.
"This is not child pornography, but in your situation, it's inappropriate. You shouldn't have any pictures at all," Gibbons said.
He said Parks had no other criminal record, complied with all the other terms of his probation and that his therapy was "proceeding in the right direction."
He ordered Parks to serve 60 days in Douglas County Jail and gave him credit for 43 days served since his arrest in May.
He also placed him on house arrest with electronic monitoring to make sure he stays away from the woman's home and the child's school.
Parks is forbidden to have any contact with the child.
"The court has to keep some conditions in place to protect the child," Gibbons said.
The judge told Parks he may contact the woman by telephone and through his therapist.
"I think having you build a relationship with an adult is a good thing for you and the public as a whole," Gibbons said.
