Former Subway spokesperson Jared Fogle asked a federal appeals court to shorten his prison sentence because he did not actually participate in the production of child porn, nor did he see all the child porn that was made available to him.
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Even though Fogle was caught in a sting and convicted of possession of child porn and traveling across state lines to have commercial sex with a child, Elberger insisted Fogle was just “fantasizing”.
DeBrota pointed out Fogle could have easily reported Taylor and spared children from becoming victims, but instead “wait[ed] for his chance to receive the material”, according to court records cited by the Indy Star.
Fogle’s defense has argued that the judge in the case abused her authority by imposing the term – 15 years and eight months – particularly because prosecutors had only recommended 12 1/2 years.
At Fogle’s sentencing hearing, prosecutors said he asked prostitutes to find him younger prostitutes. The plea deal had alleged Fogle traveled to New York City to pay for sex with two minors aged 17 and 16.
Elberger said Fogle fantasized and talked about sex with minors younger than 16, but he didn’t carry out the fantasies. He also received pornographic videos and photos of minors from a former employee of his, Russell Taylor.
“It was all talk and no substance because with regard to those conversations; there was no ultimately chargeable criminal conduct”, Elberger told the court. As a spokesman for the Subway sandwich chain, he became a symbol of the fight against obesity, doing media interviews and making appearances at schools and public events.
“He was obsessed with having sex with minors”, DeBrota said.
During his sentencing hearing last fall, Fogle said he’s a sex addict, that he had somehow turned his obsession with food into an obsession with sex.
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Police arrested Taylor in April 2015.
