Judge denies probation for former H-E-B executive convicted of child porn in San Antonio

Convicted child pornographer John Morgan Campbell, left, the former H-E-B executive credited with coming up with the concept of Central Market, testifies Tuesday, June, 26, 2018 before Judge Catherine Torres-Stahl during a hearing he sought to convert his 10 year prison sentence to shock probation. Torres-Stahl denied the request. Shock probation is a provision in the Texas Code of Criminal Procedure that allows a judge to temporarily send a defendant to prison or jail before returning them to the court to sentence them to community supervision. less

Convicted child pornographer John Morgan Campbell, left, the former H-E-B executive credited with coming up with the concept of Central Market, testifies Tuesday, June, 26, 2018 before Judge Catherine ... more

Photo: William Luther, San Antonio Express-News

Photo: William Luther, San Antonio Express-News

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Convicted child pornographer John Morgan Campbell, left, the former H-E-B executive credited with coming up with the concept of Central Market, testifies Tuesday, June, 26, 2018 before Judge Catherine Torres-Stahl during a hearing he sought to convert his 10 year prison sentence to shock probation. Torres-Stahl denied the request. Shock probation is a provision in the Texas Code of Criminal Procedure that allows a judge to temporarily send a defendant to prison or jail before returning them to the court to sentence them to community supervision. less

Convicted child pornographer John Morgan Campbell, left, the former H-E-B executive credited with coming up with the concept of Central Market, testifies Tuesday, June, 26, 2018 before Judge Catherine ... more

Photo: William Luther, San Antonio Express-News

Judge denies probation for former H-E-B executive convicted of child porn in San Antonio

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Convicted child pornographer John Morgan Campbell, the former H-E-B executive credited with coming up with the concept of Central Market, will remain in prison after a judge Tuesday denied his motion for shock probation.

Campbell, 67, was indicted in November 2016 on 53 counts of possession and promotion of child pornography, Campbell was fired after he admitted attaching a photo of a naked boy to a business email in April 2014.

In January, Bexar County jurors found Campbell guilty on 48 counts of possession of child pornography and not guilty on five counts of possession. He elected to be sentenced by state District Judge Catherine Torres-Stahl, who assessed a 10-year prison term in January.

Under the Texas Code of Criminal Procedure, the shock probation provision allows a judge to send a defendant to prison or jail temporarily, then return the person to court for a sentence of community supervision.

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In a hearing Tuesday, Robert Maurer, Campbell’s attorney, called a sex addiction therapist who testified at Campbell’s January trial and vowed to maintain close contact should he be released. The defense attorney also called Campbell's wife, Carolyn, who told the judge she would support her husband’s ongoing treatment.

Maurer told Torres-Stahl that Campbell would continue intense therapy and counseling he began before his sentence, should he be granted probation. He also said his client realized his sex addiction and alcoholism contributed to where he is today.

Campbell also testified in his own defense at the hearing.

“Alcohol moved this thing to the darkest place you could imagine with the internet,” Campbell said.

Campbell told Torres-Stahl if released, he would use his life experiences to help others suffering from addictions such as his.

“I’ve never been healthier,” he told the judge. “I’ve seen the impact of everyone around me, the loss of my career, and I'm grateful to be healthy.”

He said prison has been “a grueling experience, both physically and emotionally, but it’s not like I expected it be a country club,” he said.

Prosecutor Patrick Ballantyne argued against shock probation because of the gravity of the case.

“This was active, this was promotion of child pornography, sending those images to other people,” Ballantyne said. “In addition, the evidence showed he was engaged in sexually explicit communications online with people he thought were minors. When you commit that kind of offense, there needs to be a custodial prison sentence, not probation.”

Campbell will serve the term assessed in January by Torres-Stahl, 10 years on six counts of promotion of child pornography and eight years on 42 counts of possession of child pornography. The sentences will be served at the same time, and Campbell will be eligible for parole after he has served a quarter of his sentence.

Promotion of child pornography is a second-degree felony punishable by two to 20 years in prison. Possession of child pornography is a third-degree felony with a punishment of two to 10 years in prison.

The hearing was heard in the 175th state District Court, presided by Torres-Stahl.