ETOWAH COUNTY MAN FOUND GUILTY OF USING A 7-YEAR-OLD TO
PRODUCE IMAGES OF CHILD PORNOGRAPHY

BIRMINGHAM, AL - MARTIN TRACY MCBURNETTE, 47, from Gadsden, Alabama, was found guilty by a jury in U.S.District Court on Friday, November 7, 2008 for producing child pornography.  

According to the government, MCBURNETTE enticed a 7-year-old child to engage in sexually explicit conduct and then produced visual depictions of child pornography involving the child on videotape.  Evidence at trial also revealed that MCBURNETTE used the Internet to view images of child pornography that also depicted other children engaged in sexually explicit conduct.

“Mr. McBurnette is one of many pedophiles roaming the Internet today,” stated United States Attorney Alice H. Martin. “But his prosecution is an immeasurable success because every sexual predator who is incarcerated represents the incalculable: one, two or maybe dozens of children that have been protected, who can continue to have a safe and innocent childhood.”

"I think a strong message was sent to those who would prey on young children by the verdict in this case. This verdict represents the long hours spent by local law enforcement, the FBI, and the United States Attorney's Office. These offenders need to know that The State of Alabama is working closely with the United States Attorney's Office in seeing that they face strong and stiff prison sentences for their acts," stated Etowah County District Attorney Jimmie Harp, Jr.

The Defendant faces a mandatory minimum of 15 years imprisonment, up to a maximum of 30 years imprisonment, and a fine up to $250,000.00 for the charge of production of child pornography.   The government is also seeking to forfeit the Defendant’s real property in Gadsden, Alabama.

The Defendant still faces charges of Rape in the 1st Degree, Sodomy in the 1st Degree, Sexual Abuse of Child under 12, and Production of Obscene Material by the Etowah County District Attorney’s Office.  United States District Court Judge Inge P. Johnson presided over the trial, and MCBURNETTE is currently scheduled to be sentenced on February 26, 2009.  MCBURNETTE remains in custody.

This matter was investigated by the Etowah County Sheriff’s Office, Etowah County District Attorney’s Office, Alabama Bureau of Investigation, and the Federal Bureau of Investigation.   Assistant United States Attorneys Daniel J. Fortune and Laura Hodge are prosecuting this case on behalf of the United States.

This case was brought as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.projectsafechildhood.gov.