Buttercase pleads not guilty to child porn charges

2013-01-28T11:28:00Z 2013-01-28T18:24:06Z Buttercase pleads not guilty to child porn chargesBy Chris Dunker/Daily Sun news editor Beatrice Daily Sun
January 28, 2013 11:28 am  • 

Joseph J. Buttercase pleaded not guilty to the manufacturing, transportation and possession of child pornography in federal court last Thursday.

Magistrate Judge F.A. Gossett set a pretrial hearing for Feb. 12 at the Roman L. Hruska Federal Courthouse in Omaha. The case will be heard by Judge Joseph F. Bataillon and prosecuted by Michael Norris.

Buttercase’s attorney is Julie B. Hansen of the Federal Public Defender’s Office in Omaha, court documents indicate.

If convicted, Buttercase, 31, could face between 15 years to life in prison for manufacturing child porn, 5-20 years for transportation of child pornography, and up to 10 years in prison for the possession of child pornography.

Each of the counts also carries a possible $250,000 fine and a minimum of five years supervised release.

Buttercase remains in custody in the Nebraska State Penitentiary in Lincoln after being sentenced to 26-41 years for the rape and assault of a Wymore woman in July 2011.

According to the federal indictment from Dec. 19, 2012, a grand jury found that Buttercase “coerced a person under the age of 18 to engage in sexually explicit conduct for the purpose of producing visual depictions of such conduct” from October 2003 to November 2004.

A second count says Buttercase knowingly transported child pornography via computer before October 2003, and a third count accuses him of possessing child pornography on July 16, 2011, when he was arrested for first-degree sexual assault and several other assault charges at his Beatrice home at 1015 N. 10th St.

Beatrice police said they found a video camera near a bed in the home, as well as a computer hard drive containing child pornography.

A Gage County District Court judge later granted a severance of the charges between the sexual assault and the possession of child pornography.

In August 2012, a Gage County District Court jury found Buttercase guilty of sexual assault, false imprisonment, strangulation and third-degree domestic assault after a week-long trial.

The victim testified that Buttercase raped her, beat her and held her against her will in his home after the two met at a downtown bar earlier in the evening.

Buttercase was denied a retrial in late November, and on Dec. 4, 2012, he was sentenced to 26 to 41 years for sexual assault, false imprisonment, strangulation and third-degree domestic assault.

All four counts will be served consecutively.

Before sentencing, Buttercase waived a jury trial for the three possession of child pornography charges he faced in Gage County District Court. A bench trial was set for Jan. 24.

The state dropped its child pornography charges prior to the federal indictment.

Reach Chris Dunker at cdunker@beatricedailysun.com. Follow him on Twitter @ChrisDunkerDS.

Copyright 2014 Beatrice Daily Sun. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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