74-year-old Payson businessman sentenced to 90 years in child porn case

Judge says his hands are tied, gives the minimum sentence, 10 years on each of nine counts

By Carolyn Wall

Surrounded by family, friends, and former colleagues in the real estate business, on the day of his 47th wedding anniversary Monday, August 22, 74-year-old Robert Thomas Flibotte sat quietly listening to those who spoke on his behalf, to his wife and daughter, who said they believe in him. His colleagues called him a good man, a gentleman, a wonderful friend, a wonderful member of the community.

In Gila County Superior Court in Payson Judge Peter J. Cahill held a file of more than 60 letters written on Flibotte's behalf and spoke of the body of evidence against him.

  

Prosecutor Lacy Cooper talked about the 26,000 images of children engaged in sexual acts which are seared into the memories of those who were required to view them during the two-year court case, since Flibotte's arrest in October 2009. Cooper said Flibotte had been collecting child pornography for 10 years, since 1999, on both his home and office computer.

The images were discovered by computer technicians who were called upon to fix problems with Flibotte's computer. They called the police and later had to testify about what they had seen, images that one technician said, "turned my stomach."

"It is not a victimless crime," Cooper told the court. "These were real children in these images."

But the evidence has been sealed - there is nothing for the public to go on but the history of a man who, by his own words, "inherited the ability to do the right thing."

Cahill said the nature of the evidence was that it could not be broadcast to the community, that prosecutors had to be very careful in showing the evidence and that it was deliberately held from the public. "Anyone who has had the misfortune of viewing the evidence will know it is a serious crime," Cahill said. "I have to impose sentence and sentence him to prison."

Cahill said the state legislature made laws that require him to impose the prison sentence, that he could not simply sentence Flibotte to a lifetime probation. Cahill said he had no choice but to give the minimum sentence of 10 years on each of nine counts the jury found Flibotte guilty of - to be served consecutive to each other.

Since the 12-person jury found him guilty of sexual exploitation and dangerous crimes against children on July 27, Flibotte has been confined in the Gila County Jail in Payson. He told the judge his health has suffered in the 30 days he has been in jail.

Cahill stated that he saw little liklihood in further offenses and did not consider Flibotte a danger to the community, that he had given murderers less time in prison because he had the ability to craft a sentence, protect the community from serious offenders. But the state required a presumptive sentence in the findings against Flibotte.

Realtor Cliff Potts told the court Flibotte should be free to be available to his family. "It serves no one to have him incarcerated," Potts said.

"Courts don't make laws - legislatures do," Cahill said. "The law is very severe and does not let me consider putting Mr. Flibotte on probation. Where I think the sentence is excessive is 'consecutive'. Judges ought to be able to make the right decision in a particular case, but this is Arizona."

Flibotte's attorney, Michael Bernays, said he would file to go before the Board of Executive Clemency on Flibotte's behalf. Flibotte also has the right to file an appeal within 20 days of sentencing.

"It's always been very difficult to try a case and lose it," Bernays said. "As I've come to know him, Mr. Flibotte's a wonderful man. If he had this demon, it's something he kept to himself. No matter what else we might say about Mr. Flibotte, he was a wonderful friend and a wonderful member of the community."