A Chesapeake man convicted of sexual abuse and possession of child pornography was back in court Monday to answer prosecutors' concerns about his opportunity to get on the Internet.
Robert Lutsy, 43, is serving a sentence on home confinement after pleading guilty to the charges this summer. As part of the plea agreement with the state, prosecutors said he was not to have access to the Internet through any computer or device.
How far-reaching that "access" goes was a point up for debate before Kanawha Circuit Court Judge Charles King on Monday.
Assistant Prosecutor Erica Lord said it means no one in his home can have computers or devices, either. But she said Lutsy's wife and 19-year-old son had iPhones.
Lord said, "They were all instructed that no one was to have a device with Internet access. Home confinement went out and obtained the phones.
"On the son's phone, pornographic websites had been visited," she said. "There's no way of knowing who accessed those."
"What's your point?" King asked.
"I think they need to be instructed once again," she said. "I don't want those phones returned to the family."
"What if they kept them in their cars?" King asked. "You want me to take them entirely away?"
"The whole point of this agreement was that they were not to have them," Lord said. "They can have other phones that don't have Internet access."