Judge set to hear Jared Fogle’s sentence appeal

Jared Fogle
Former Subway pitchman Jared Fogle arrives at the federal courthouse in Indianapolis, Thursday, Nov. 19, 2015. Fogle is due to formally plead guilty and be sentenced on charges of trading child pornography and paying for sex with minors. (AP Photo/Michael Conroy)

INDIANAPOLIS (WISH) —  A judge is set to hear Jared Fogle’s appeal for a shorter prison sentence Friday.  The former Subway pitchman is asking a federal appeals judge to throw out his 15-year sentence, and order re-sentencing.

Last fall Fogle pleaded guilty to child pornography charges.

The appeal hearing is set for 9:30 a.m. in Chicago. A federal judge in Indianapolis sentenced Fogle to 15 years in a Colorado prison, but Fogle’s attorneys argue the sentence was too long. Under Fogle’s plea deal, prosecutors recommended up to 12.5 years in prison, but a judge decided he deserved more time than that.

Fogle pleaded guilty to paying for sex with minors and watching child pornography.

In court documents, Fogle’s attorneys said the judge got the sentence wrong, because she relied heavily on fantasies rather than what he actually did.  Fogle also argues he should receive a lesser sentence because after getting treatment and medication, he’s won’t commit these crimes again.

In response to Fogle’s appeal, prosecutors argue Fogle’s sentencing was not based solely on “fantasies” because Fogle paid to have sex with prostituted minors, and repeatedly asked sex workers to find him minors.  The court documents reveal text conversations, in which Fogle asks sex workers to find him “young boys or young girls.”

For five years, Rochelle Herman-Walrond recorded Jared Fogle for the FBI, she says. The Sarasota woman acted as though she was in a relationship with the Subway spokesman. Herman-Walrond met Fogle when they taped her radio show. She says Fogle made a comment about how “hot” children in middle school were. Herman-Walrond was troubled and recorded their conversations – for five years. The calls are disturbing.

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