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April 26, 2013

Ex-doctor gets 18 years in prison

Kismore Kumar Jadhav charged with producing child pornography

LONDON — Eighteen years in prison, 15 years of supervised probation and a lifetime on the sex offender registry — that’s the official sentence handed down in U.S. District Court in London Thursday to a man charged with producing child pornography.

Kismore Kumar Jadhav, 51, a former Manchester doctor who in September pleaded guilty to one count of a multi-count indictment against him, stood handcuffed with his defense attorney before U.S. District Judge Gregory F. Van Tatenhove in a tan prison outfit and orange “crocs.”

That plea agreement is sealed.

Prior to his actual sentencing, Van Tatenhove began the hearing explaining the sentencing procedure. He added that the pre-sentence investigation report had been completed, and as there were no objections to that report, it was approved.

Little was said before U.S. Attorney Jason Denney asked to approach the bench. All attorneys present for the defense came to the bench as well, and their conversation was muffled. Fifteen minutes later, Van Tatenhove turned the microphones back on, and explained “it’s rare if it happens,” but the court had to be closed briefly to hear the victim impact statement.

That statement, heard only by court officials and Jadhav himself, was recorded, and will be made a sealed statement.

Once the court room was reopened, Van Tatenhove listened to both Jadhav’s attorney, Richard E. Plymale, and Denney offer their reasons for either increased or reduced sentencing.

Denney first spoke, reminding the court of the five victims in this case.

He requested Jadhav receive a 30-year sentence “to protect society.”

Some sentencing factors Denney discussed include the complexity of Jadhav’s scheme, the number of victims, and the length of time it went on.

He added the minimum he felt Jadhav deserved was 24 years.

“This man chose to engage in this conduct,” he said, adding that the self-medication of Wellbutrin and testosterone, combined with a mid-life crisis and a dormant bi-polar disorder, was “stretching to justify” his criminal behavior.

Van Tatenhove felt Jadhav had “some emotional issues,” and that the diagnosis of the psychiatrists “may be correct,” but it was “not mitigating against this type of conduct.”

He also briefly discussed Jadhav’s history in the community. “(The defendant) clearly has (had) a significant benevolence for the community, and (offered) nothing but appropriate care over the course of his (medical) practice,” Van Tatenhove said. ‘What do you do with that (information) as a judge who is imposing a sentence?”

He also questioned the importance of knowing why Jadhav made the choices he did.

“It’s the human condition,” Denney said. “It’s what drives the human mind.”

Van Tatenhove continued. “Ultimately, we as a society have to hold people accountable for (their) actions,” he said. “(Jadhav) took the wrong path, made the wrong choice, (and it) had terrible consequences and devastating results.”

Plymale then spoke on Jadhav’s behalf.

“This is one of the more difficult cases I’ve had in my career,” Plymale said. “It’s difficult for the victims — it’s difficult for my client — it’s difficult for his wife and mother-in-law — and it’s difficult for this court.”

He said the crimes performed by Jadhav will “likely never occur again.”

He added the psychiatrist’s report says Jadhav suffers from “serious depression and bi-polar disorder.”

Plymale explained that diagnosis, combined with the self-medication of Wellbutrin and testosterone, “diminished” Jadhav’s mental capacity, allowing him to make the choices he did.

“Such conduct would likely never occur again,” he reiterated. “He is no longer a threat to society.”

Plymale asked the court to consider a 15-year sentence, saying yet again that such conduct “would likely never happen again.”

Van Tatenhove felt Jadhav’s actions were not from “diminished capacity,” and defined that as the ability to determine right from wrong becoming diminished. “A lot of care was taken to conceal what he was doing,” Van Tatenhove said.

He did note that Jadhav’s diagnosis and self-treatment may have provided “fewer boundaries.”

Jadhav was also given the opportunity to speak on his own behalf.

“A year and five days (ago) today, I was arrested and taken to jail,” he said. “When I got to the jail I was in a fog (and things) were not clear — today I am very lucid.”

He added that prayer and meditation have become a part of his life.

“I’m very sorry to the court, to the victims and to my family,” he said, and then asked for forgiveness.

Then it was Van Tatenhove’s turn to speak, and he began with Jadhav’s pre-sentence investigation report. “It’s a pretty stark one,” he said. “It’s recommended you serve life in prison.”

He added that 30 years is the maximum.

He also explained why he felt “diminished capacity doesn’t apply” in this case. “I think you understood what you were doing was wrong,” Van Tatenhove said. “(It was) a complex scheme contrived to seek the gratification you were seeking.”

He also said that Jadhav’s actions “changed the victims lives forever,” and that the victims “have their own life sentence too.”

Van Tatenhove did believe Jadhav is “sincere, remorseful and regrets what happened.”

However, he didn’t believe Jadhav would stop this behavior voluntarily. “The truth is what stopped you was getting caught,” Van Tatenhove said.

Many letters were written on your behalf, Van Tatenhove added.

Dozens of character letters to Tatenhove urging leniency were entered into record, including both handwritten and typed. All the letters were from various persons — patients, pastors, colleagues and friends — and one from his wife, Dr. Vandana Kumar.

“I believe that an extended prison sentence will be a tremendous hardship to me and my family, especially (the couple’s children),” Kumar wrote. “I dread to envision the impact of a lengthy prison sentence on (the couple’s children). I truly believe that Kishore has suffered extensively for his actions. He has become very spiritual in prison and given himself up to God. Because of the significant difficulties that his mother and my family will be faced (with), I request you to grant Kishore the lowest possible sentence.”

In addition to serving an 18-year prison sentence, he will also be required to undergo mental health and sex offender treatment, submit to random polygraph tests, and never be permitted in places around children.

He was also ordered to pay a total of $105,100 in fines and restitution.

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