A groundbreaking and complex issue of restitution — which attorneys for Amy claim she is entitled to from those who possessed illegal photos of her — is spreading around the country and has become part of Paroline’s Tyler case, the first in East Texas.
Assistant U.S. Attorney Bill Baldwin, Paroline’s defense attorney F.R. “Buck” Files Jr. and New York attorney for Amy, James Marsh, stated their views on the issue and answered questions by U.S. District Judge Leonard Davis during a three-hour hearing Thursday. But more time, resources and information are needed before the restitution issue can be resolved.
Baldwin said the government has the burden to prove the victim has been damaged and it is up to the judge to determine a restitution amount. He said the child pornography photos are a permanent record of her abuse that continues to be exacerbated by its circulation.
“There’s a new injury with each publication of these photographs,” he said. When Paroline opened those images, “he stepped into the room of abuse with ‘Amy'” and became a participant in her abuse, he said.
Baldwin said the victim wanted to go to college and become a teacher but has been unable to do that because of the impact of the abuse.
“This is not a ‘stepping into the room case,'” Files said. He said the judge must determine the harm caused by Paroline to the victim. He said it is unconscionable for the government to suggest $3.4 million is appropriate in the case.
Davis said the attorneys needed to decide how much restitution was appropriate, how they arrived at that amount and who pays it. He said victims are entitled to restitution for counseling and loss of income.
Davis said they could be able to use Paroline’s case as a vehicle for other cases.