Judge Orders Man Back to Jail in Child Sex Case

Declaring him a threat to children, a Ventura County judge on Tuesday ordered an Oak View man back to jail in lieu of $150,000 bail until his trial on charges of soliciting sex with a 13-year-old girl over the Internet.

Noting that David P. Hensley had told investigators in cyberspace that he would settle for a girl as young as 8 if she had the “right look,” Superior Court Judge Donald Coleman unilaterally set the high bail, sending Hensley--who had already posted a previous $50,000 bond--back behind bars.

“I believe your client is a public safety [threat] to young children,” an agitated Coleman told defense attorney John McNamara, who complained the bail was excessive and requested a reduction hearing Friday.

Hensley, a 37-year-old publishing company employee who is married, will stand trial for allegedly agreeing to pay $350 to perform various sexual acts with a fictitious 13-year-old girl and distributing child pornography, along with other related charges. He faces up to 12 years in prison if convicted on all five charges. He is scheduled for another hearing Monday.

Authorities said Hensley, who has no previous criminal record, made arrangements for his sexual transaction with undercover Ventura County sheriff’s investigators at a Camarillo restaurant April 29. He was arrested immediately afterward at a nearby hotel room where he expected the young girl to be, authorities said.

The bust--considered the first of its kind in the county--followed months of e-mail, chat room and telephone conversations between Hensley and San Bernardino County Sheriff’s Det. Michael A. Di Matteo, authorities said.

The two had come into contact after authorities posted a personal ad on America Online offering sex with minors in Southern California. The ad has apparently led to numerous inquiries from area residents, some of which are still being investigated, authorities said.

In a taped police interview, Hensley said he was simply trying to determine whether the arrangement was for real and had every intention of notifying the authorities afterward--an argument ridiculed by prosecutor Edward Ulloa, who noted Hensley was carrying two condoms at the time of his arrest.

“The scheme to obtain this was somewhat elaborate,” Ulloa said. “There was months and months of communication. . . . I think the presence of the condoms clearly shows this person intended to have sex with a minor 11 to 13 years old.”

Ulloa initially sought six counts against Hensley during Tuesday’s hearing. They included two counts of attempted lewd acts with a minor--one for each sexual act he had allegedly sought beforehand--one count of pandering, one count of soliciting a minor and two counts of distributing child pornography.

But he withdrew one of the requests for a porn distribution count, citing evidence from investigators that the woman pictured was actually an adult, despite her pre-pubescent looks.

Judge Coleman allowed the other count to go to trial despite a lack of evidence confirming the subject’s age, arguing that she must be “a very malnourished young woman” if she is indeed of legal age.

McNamara criticized Coleman afterward, arguing that his client could not pay such a high bail and most of the charges against him were unfounded.

“I think he was wrong to raise the bail, I think it was wrong for him to leave count six, I think it was wrong for him to leave both counts one and two,” McNamara said as he left the court with Hensley’s family members. “I don’t know what his motivations were, but that was very unusual.”