I originally posted about Gary Wolchesky of Middletown, New Jersey here and here. Back in 2009, Wolchesky was arrested for going on Xbox Live and getting his underage victims to perform explicit acts while on camera. To make matters worse, Eolchesky would take to YouTube to brag about his exploits. He used such screen names as PEDOTeenTech, GaryGodx, MyIDisPhat, MyIDisCool, TeenTech and Genetic Supremacy. This led police to search his home where a substantial cache of child porn was found.
He didn’t go to trial until 2016 where he represented himself. His defense was that his crimes were an act of ‘civil disobedience’ to ‘advance the cause of pedophilia’. Wolchesky is said to believe that pedophiles are ‘persecuted minority.’ He also claimed that he should not be charged with any crime since his underage victims, one as young as ten, ‘consented’ to the act. Thankfully, in 2017, he was convicted of child exploitation charges and was sentenced to 46 years in prison.
That was until last week when Wolchesky won an appeal. He didn’t win the appeal on his ludicrous defense but because he did not receive a speedy trial according to a three-judge appellate panel decision.
In a 44-page decision released Jan. 28, a three-judge appellate panel said that part of this delay was the fault of Wolchesky, who insisted on representing himself. But part of the delay also was the result of the investigation and new charges that were later added on.
The decision orders a lower court to examine in order to determine whether any delays in the trial attributed to prosecutors were legitimate.
I highly doubt that this will result in Wolchesky being set free before his prison sentence is up. However, this is New Jersey and they are the state that let Megan Kanka’s killer, Jesse Timmendequas, off of death row.
UPDATE 2/4/2020: We now have some clarification on Wolchesky’s appeal. According to the Asbury Park Press, if a judge rules that Wolchesky did not receive a speedy trial his charges could be dismissed. However, before everyone starts distributing pitchforks, the appellate panel who approved the appeal even said that the seven-year delay from Wolchesky’s arrest to trial was mostly because of a “high volume of defense motions.”