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Ex-DCF spokesman sentenced to 24 years for child porn

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By ELAINE SILVESTRINI | The Tampa Tribune

Published: May 8, 2009

Updated: 05/08/2009 11:01 am

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  Al Zimmerman

TAMPA - Saying he wanted to spare his victims further humiliation, a former spokesman for the state Department of Children & Families ordered his attorneys not to seek a reduced prison sentence for him on a charge of making child pornography.

"I realize I've pretty much destroyed my life," Al Zimmerman said before a judge sentenced him to 24 years and four months in federal prison. "My situation is really the least of my concerns. …Most of my tears have been for the people who suffered because of my mistake."

Zimmerman, 41, pleaded guilty in January to production of child pornography. The former Bay News 9 reporter will have to serve life on probation after he is released from prison and will become a registered sex offender. He will not be allowed any contact with minors without written permission from his probation officer.

Zimmerman was arrested in February 2008 and accused of making sexually explicit photos and videos of two 16-year-old boys. Authorities said he met one of the boys through his job with DCF. Later, prosecutors said investigators had identified five more victims.

Zimmerman's arrest prompted a statewide review by DCF of all employees hired since Nov. 15, 2006, to make sure criminal background and professional reference checks were conducted and that each employee completed a state job application.

The review found that 8 percent of those 2,627 employees had not been fingerprinted, nearly 10 percent of the personnel files were missing appropriate reference checks and 1.4 percent of the employees were missing a job application.

Zimmerman had previous arrests on charges of writing bad checks and driving under the influence.

Another review found that computer security issues were widespread and background screening and hiring practices had been inconsistent.

Court sentencing guidelines and Zimmerman's plea agreement called for the 24-year sentence. His attorneys said they were prepared to argue for a variation from the guidelines and a lower sentence.

"We probably would have gotten a variance," said one of Zimmerman's attorneys, Eric Kuske.

But such an argument may have resulted in the public release of information that may have helped identify victims, lawyers on both sides said. So Zimmerman told his lawyers to withdraw their argument.

"You're looking at a substantial sentence," U.S. District Judge Susan Bucklew told Zimmerman after attorney Timothy Fitzgerald informed her of Zimmerman's decision. "You understand that?"

"I understand, your honor."

"This is one of the most unselfish acts I've ever seen," Kuske said after the hearing.

Assistant U.S. Attorney Colleen Murphy-Davis said she was "heartened" by Zimmerman's gesture.

"Hopefully, he truly has remorse," she said.

Murphy-Davis said she also was encouraged that Zimmerman's attorneys asked that he receive sex-offender treatment in prison.

Zimmerman told Bucklew that when he was first arrested, he was gripped by self-pity.

"Once I stopped feeling sorry for myself in February last year, I've spent many sleepless nights praying for those who were hurt by my actions," he said. "I ask for their forgiveness; I ask for the court's forgiveness; I ask for God's forgiveness."

Reporter Elaine Silvestrini can be reached at (813) 259-7837.

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