Waltham Officer Requests Change in Release Conditions

A Waltham Police officer accused of sending and receiving child pornography has requested he not be required to attend a sex offender treatment program, according to court records.

Officer Paul Manganelli is currently on paid administrative leave from the police department after he was arrested in March for allegedly having child porn on his home computer. He is living with his parents under court-ordered house arrest. Manganelli admitted having the material, but claimed he was conducting a police investigation. Police say they never ordered him to perform a child porn investigation. 

Manganelli's attorney, Charles Rankin, has filed a motion asking the court to lift a requirement for Manganelli to attend a sex offender treatment program. Federal prosecutors have until May 1 to respond.

A federal judge had previously ordered the treatment as a condition of Manganelli's release.

Also, the documents reveal Manganelli may never be tried. 

“The parties have since had preliminary discussions, and intend to engage in further discussions, regarding the possible resolution of this matter that might obviate the need for an indictment," the motion reads.

In his argument, Rankin says his client should not have to attend the treatment program because he has not been convicted of any offense and it would violate his fifth amendment rights and presumption of innocence.

"The contradiction is self-evident. Significantly, this apparently boilerplate condition was imposed without apparently without any individualized determination based on evidence that this particular defendant may require such treatment at this time," Rankin wrote in his motion.