Former Newton Teacher Will Not Face State Trial for Child Porn

State prosecutors in Middlesex and Suffolk counties announced today they have terminated the case against a former Newton elementary school teacher charged with child porn and idecent assault. 

David Ettlinger, who taught for more than 10 years at Underwood and Peirce elementary schools, is currently serving a 45-year sentence in federal prison for charges stemming from his connection to an international child pornography site.

According to a statement from the Middlesex and Suffolk district attorneys, prosecutors decided to drop the charges -- filed as "nolle prosequi" -- due to the lengthy prison sentence Ettlinger is serving, as well as the lifetime of supervision he will face after his release. 

In addition, lawyers have spoken with the families of Ettlinger's victims, who said they did not wish to have their children go through the trauma of testifying in potential state cases.

"...The likelihood of intense media coverage of the state trials, the possibility that any state sentence could be ordered served concurrent with his federal sentence, and the requests of the families involved, prosecutors determined that the most appropriate course of action was not to prosecute their respective cases further," the statement said. 

Ettlinger's attorney in Massachusetts, David Yannetti, said in a letter to the news media today praised dismissal of Ettlinger's cases in the Bay State:

David Ettlinger left our jurisdiction months ago to be prosecuted federally.  My office did not represent him in federal court, but we have monitored his Massachusetts cases right along.  After he took full responsibility for his federal crimes, he received a very harsh sentence --  a sentence which, in my view, was out of proportion with his actual conduct.  For comparison purposes, his sentence was harsher than those received by many defendants convicted of murder.

 I was heartened to learn today that the Suffolk and Middlesex County District Attorney’s Offices took a mature and reasoned view of the cases here in Massachusetts, in light of the severe federal sentence that Mr. Ettlinger received.

Ettlinger was arrested in January 2012 following an investigation of the online child porn site Dreamboard. He resigned from his teaching position a few days after his arrest.

Ettlinger initially faced charges of child pornography possession and indecent assault and battery in Suffolk County, and a few months later faced more charges in Middlesex County of indecent assault and battery and posing a child in a state of nudity.

Ettlinger was eventually indicted in a federal case out of the Western District of Louisiana on charges tied to his involvement in the online child porn site Dreamboard.

Ettlinger pleaded guilty in federal court in August 2012 to one count of engaging in a child exploitation enterprise. He was sentenced in January to 45 years in federal prison, followed by a lifetime of supervision.

The ongoing investigation of Dreamboard, known as Operation Delego, was launched in December 2009 and targeted individuals around the world for their participation in the site, the press release said.

According to authorities, Dreamboard was a private, members-only, online bulletin board that promoted pedophilia and encouraged sexual abuse of young children. The site was in an environment designed to avoid law enforcement detection. 

Shortly after Ettlinger's arrest, the Newton Public Schools held several community meetings to talk with parents about the allegations. A few months later, the schools expanded background check procedures for Newton teachers.