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Posted on Wed, Oct 24, 2012 : 1:21 p.m.

Judge lifts Stephen Jenson's curfew, rejects jail request at bond violation hearing

By Kyle Feldscher

A United States District Court judge amended the conditions of former University of Michigan Hospital medical resident Stephen Jenson’s bond by removing his curfew and decided against sending him to jail for bond violations.

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Stephen Jenson

Jenson was in the U.S. District Court for the Eastern District of Michigan Wednesday for a bond violation hearing. It was alleged he had used an unauthorized computer and violated his curfew six times.

However, U.S. District Court Judge Avern Cohn ruled the curfew, which banned Jenson from being outside his home from 5 p.m. to 8 a.m., was unnecessary. Cohn also said location monitoring was no longer necessary and he doesn’t view Jenson as a flight risk, even though he faces years in a federal prison, if convicted. Cohn said he would not follow Assistant United States Attorney Matthew Roth’s recommendation Jenson be remanded to jail for the violations.

“He’s not going to be remanded,” Cohn said. “That’s out of the question.”

Jenson faces federal charges of receipt of child pornography and possession of child pornography. He has once tried to accept a plea deal by pleading guilty to the possession of child pornography charge, but Cohn rejected the deal because Jenson would not have been able to appeal Cohn’s sentence.

Cohn did warn Jenson about violating the conditions set out by Pretrial Services. At the hearing, Jenson and his attorney stated the computer he used that was not authorized by the government was not located in his home and Roth indicated it was in a library, where Jenson was checking emails.

“The breach of conditions is more important than the quality of the conditions,” he said.

In addition to removing the curfew, Cohn ruled Jenson is no longer allowed to drink alcohol and may travel to Utah to visit his family. Jenson’s attorney Raymond Cassar said this was a major decision for Jenson, who lives alone and has no family in Michigan.

Cassar said the curfew and location monitoring imposed on Jenson since he was arraigned on the federal charges in February have caused him to be treated “like a gerbil.”

“The judge is right, there’s no reason to fear flight,” Cassar said, adding “He should be allowed to go home and visit his family.”

Jenson declined to comment to AnnArbor.com Wednesday.

Jenson is accused of having 97 images and four videos of child pornography on his computer. He was fired by the University of Michigan Hospital in December after the state of Michigan filed charges against him for possession of sexually abusive material. Those charges were dropped in favor of the federal charges.

It’s alleged Jenson had child pornography on a thumb drive he left in a laptop at U-M Hospital in May 2011. A fellow employee discovered by the thumb drive and turned it over to Hospital Security. However, the incident was not reported to U-M Police until November 2011. Records show at least eight different people knew about the alleged child pornography by June 2011.

The university has announced several changes brought on by the six-month reporting delay, including forming a new Division of Public Safety and Security, which was announced Friday. During an external review, investigators interviewed 37 people and found lapses in communication between hospital security and police.

The actual review done by Chicago-based attorney Zachary Fardon will not be released to the public, but a memo was issued summarizing the findings.

An internal review into the reporting lapse was released on Feb. 10. A U.S. Department of Education review into the incident continues.

Kyle Feldscher covers cops and courts for AnnArbor.com. He can be reached at kylefeldscher@annarbor.com or you can follow him on Twitter.

Comments

111011

Sat, Nov 24, 2012 : 10:12 a.m.

Coming from a mother of a child who was treated by Jenson. I was sickened the day I saw his face on the news at what he was being accused of. I was even more sickened to find out that 8 people at the hospital knew about it and did not report it. Fortunately for Stephen Jenson in my mind I am more discussed by the people who knew he was one of the sickest humans on the plant an did NOTHING to prevent him from having access to children for 6 months. Although this judge just gave him some freedoms he should not have I do feel in the end he will get what he deserves as a punishment. I believe our justice system will work. And he will never have the level of access to children he had last year. I hope that the hospital also is penalized for their part in allowing a person as deranged and mentally unstable as Jenson to have access to children for 6 months after they were made aware of the horrifying images he brought to work and had on his personal thumb drives. I would like to see them penalized the same as Penn State. My reason behind this opinion is simple. A person at the hospital personally told me in an apology pretty much the only reason Jenson was reported was because a nurse who knew what was on the thumb drive did not want to be brought up on charges like some of the people who were in the know at Penn State. Not once was I told someone found out and reported to the keep the kids safe!

arborani

Thu, Oct 25, 2012 : 2:46 p.m.

Melinda Morris School of Jurisprudence.

Anita

Thu, Oct 25, 2012 : 2:37 p.m.

Well why doesn't the judge just give him back the pictures too?!!

rs

Thu, Oct 25, 2012 : 11:47 a.m.

FormerMichRes: Before blasting Ann Arborites for voting for Judge Cohn, maybe you should take the time to brush up on how government works. Federal Judges are appointed by the President with the consent of the Senate. If you want to blame somebody for Judge Cohn, blame Jimmy Carter, not Ann Arbor citizens. Carter appointed him in 1979.

brandon530021

Sat, Oct 27, 2012 : 5:40 p.m.

and who voted for carter...oh thats right, Arborites.

FormerMichRes

Thu, Oct 25, 2012 : 9:46 a.m.

All this complaining about Judge Cohn's decision? Where were all of you during the election? Ann Arborites will vote for the most liberal candidates running ... whether it's Mayor, Judges, or dog catcher ... and then scream about the decisions that get made by these people after taking office. And then go ahead and re-elect them election after election until they die in office or wind up in jail! I used to have lengthy discussions with my former Ann Arbor neighbors about this phenomenon. Never came up with a good explanation besides it must be something in the water. In the end, YOU get the government and justice system YOU deserve.

TacoBrocade

Thu, Oct 25, 2012 : 1:25 a.m.

A thumb drive wasn't "turned over to hospital security." The fellow employee reported that she had seen some disturbing pictures that were on the thumb drive. Please check your facts.

mady

Thu, Oct 25, 2012 : 12:26 a.m.

Nice Going, Judge Cohn. thanks for sticking up for children everywhere(raging sarcasm). Utah families, please monitor where your children are all the time!!!

A2Momx2

Wed, Oct 24, 2012 : 7:16 p.m.

Why set conditions if when they are abused there are no repercussions. Do the crime, plead guilty, get conditions set, abuse the conditions, no punishment. Unbelievable!!! Thanks Kyle for keeping us up-to-date.

AlwaysLate

Wed, Oct 24, 2012 : 8:59 p.m.

UoM's version of Kwame!

JRA

Wed, Oct 24, 2012 : 6:52 p.m.

so basically there were no repercussions for violating his bond terms? What a joke!

bamboozled

Wed, Oct 24, 2012 : 6:13 p.m.

He was treated "like a gerbil"? No, he was treated like a defendant who has been accused of (and tried to plead guilty to) crimes most heinous... and that treatment was exceptionally lenient, but he still violated the terms. What was done in response to those violations? He was rewarded! Now he can go wherever he likes, whenever he likes, but he can't drink. How is that being monitored? What happens if he violates THAT? Will someone throw him a kegger??? I recommend that we really DO treat him like a gerbil and stick him in a cage.

kmgeb2000

Wed, Oct 24, 2012 : 7:08 p.m.

It appears to be OK to be an accused pedophile. What other conclusion can one draw from this. By the way it appears pedophile is the appropriate description based on dictionary_dot_com - "an adult who is sexually attracted to young children." Hence, the 97 images and 4 videos of child pornography as reported.

Billy

Wed, Oct 24, 2012 : 6:04 p.m.

Wait.....wait wait wait? Not only is he free on bond............BUT YOU ARE REMOVING THIS GUY'S TETHER NOW!??!? WAT????? Who is this judge again?

rs

Wed, Oct 24, 2012 : 5:56 p.m.

This probably wouldn't be Judge Cohn's decision if this guy lived right next door to him and and his family.