Boulder man sentenced to work release, probation
A Boulder man was sentenced to 60 days of work release and six years of sex offender intensive supervised probation for possessing child sex exploitation material. Mitchell Clute, 58, pleaded guilty in December to two counts of sexual exploitation of a child as part of a plea deal. His nine other charges were dismissed.
Clute will also be required to register as a sex offender. He will remain out of custody until a bed space becomes available in work release.
On Friday, Deputy District Attorney Taylor Suta argued that Clute had shown a lack of accountability for the 6,000 images of child exploitation found on his seized devices.
“The defendant isn’t fully forthcoming,” Suta said. “It’s very clear that he wasn’t just seeking some pictures and things got accidentally downloaded. This was conduct that got repeated over and over and over again.”
Suta recommended a punitive sanction of 90 days and six years of probation to make Clute “internalize” the gravity of the offense and treatment.
“There needs to be something that recognizes the significance of this offense,” Suta said. “There needs to be a punitive sanction.”
Clute’s defense attorney Benjamin Greenberg disagreed with Suta and argued that Clute’s actions were due to addiction.
“I do believe the extent falls well within compulsive behavior and ultimately addiction,” Greenberg said. “I do believe Mr. Clute knew it was wrong. I believe he was in a bad place at that time.”
Greenberg also commented on Clute’s “resiliency” following his arrest and how the arrest opened his eyes.
“I believe Mr. Clute’s eyes are wide open and they are tear-filled at the moment,” Greenberg said. “He hasn’t messed up for the last year. He does not need to have his eyes opened any further.”
Clute said his actions were due to his anxiety and depression.
“I take full responsibility for my actions and my crimes. I’m terribly sorry for my actions and for the impacts on people I love and people I don’t even know,” Clute said. “I felt incredibly divided. I saw the impact on myself and I knew I needed to seek help.”
Clute also stated that the case was only 1% of who he was as a person, which Boulder District Judge Nancy Salomone strongly objected to.
“I’m not okay with you calling that a 1%,” Salomone said. “I’m not okay with your family saying you never hurt anyone. In this case you most certainly hurt someone. You hurt a bunch of somebodies. The people you hurt are all those kids who are people. They are people who live their lives in public knowing someone has seen them this way.”