Executive Summary
- U.S. District Judge James Peterson denied Adam Westbrook’s motion to withdraw his guilty plea.
- Westbrook, a former county HR director, is scheduled for sentencing on Feb. 6 for distributing child pornography.
- The court rejected arguments regarding ineffective counsel and lack of intent, citing Westbrook’s own admissions.
- A plea agreement suggests a prison sentence of eight to 12 years, though the maximum is 20 years.
Adam Westbrook, the former Human Resources Director for Outagamie County, is scheduled to be sentenced in federal court on February 6 regarding charges of distributing child pornography, following a judicial order denying his request to withdraw a guilty plea. U.S. District Court Judge James Peterson issued a decision on December 23 rejecting Westbrook’s motion, characterizing the attempt as a “reluctance to take responsibility” for the admitted crime.
Westbrook filed the motion on October 31, seeking to retract the guilty plea he entered in September. His defense argued that he received ineffective legal counsel and did not knowingly enter the plea because he allegedly failed to understand that a jury would need to consider his intent. Furthermore, Westbrook claimed the videos he recorded in Lake Delton did not constitute child pornography because he did not intend to capture sexually explicit conduct.
According to the criminal complaint, a grand jury indicted the 36-year-old on February 21, 2024, on one count of distributing child sexual abuse material. Prosecutors state that Westbrook recorded pornographic videos of a child at a hotel in Lake Delton in January 2024 and subsequently transmitted them to a recipient who was actually a Racine County sheriff’s deputy.
In his 11-page decision, Judge Peterson dismissed the defense’s arguments, noting that the videos were objectively sexually explicit and depicted a “lascivious display.” The court cited evidence from the plea hearing where Westbrook admitted to engaging in sexually explicit conversations with a man in Kenosha and sharing interests in sexual activity with children. Judge Peterson wrote that Westbrook sent the videos knowing the recipient would find them arousing, which undermined the claim regarding a lack of intent.
Westbrook faces a statutory minimum of five years and a maximum of 20 years in federal prison, along with life on extended supervision. However, court filings indicate a plea agreement in which both defense and prosecuting attorneys have agreed to recommend a prison sentence between eight and 12 years.
Judicial Proceedings and Sentencing Outlook
The denial of the motion to withdraw the plea reinforces the high legal threshold required to overturn a guilty plea once entered in federal court. Courts generally require a defendant to demonstrate a fair and just reason for withdrawal, such as a lack of voluntariness or actual innocence, rather than reconsideration of the plea’s consequences. With the sentencing hearing confirmed for early February, the judicial focus now shifts to the application of federal sentencing guidelines versus the terms of the plea agreement. While the recommended range is eight to 12 years, the judge retains the discretion to impose a sentence within the statutory range based on the severity of the offense. It is important to note that all individuals are presumed innocent until proven guilty in a court of law.
