Postponed! Sentencing for Kris Zocco on drug, child porn charges pushed back, but why?



MILWAUKEE (WITI) -- Postponed! Kris Zocco was set to be sentenced on Thursday, January 15th on child pornography charges. That didn't happen, as Zocco's attorney successfully argued for more time to review documents connected to this case -- apparently filed at the last minute.

A Milwaukee County jury found Zocco guilty on 16 of 17 counts of possession of child pornography back in November 2014.

That 17th count in which Zocco was found not guilty involved a CD-R found inside his residence.

Kelly Dwyer



Zocco is believed to be the last person to have seen 27-year-old Kelly Dwyer before she disappeared in October 2013. But he has not been charged in connection with the disappearance. Police say the charges Zocco faces in the two cases filed against him are related to what police found while searching for Dwyer.

Zocco faces three to 15 years in prison on each of the child pornography charges.

He was supposed to find out exactly how much time he'll spend in prison on Thursday, January 15th -- but that didn't happen.

So what happened? In a nutshell, the state submitted extra materials at the last minute. Those materials include statements from a victim in one of the pornographic videos Zocco has been convicted of possessing. Zocco's attorney asked for more time to review those materials, in order to best represent his client.

As a result, Zocco's sentencing has been pushed back. A sentencing hearing has been scheduled for January 30th.

"This matter`s been set for sentencing for a long time. I don`t know why those materials couldn`t have been filed much earlier rather than just (Wednesday) morning. That would have given counsel and the court opportunity to go through these. I think that (Zocco's attorney) would be ineffective if he goes through without at least looking at what`s going on and if he`s ineffective this case gets kicked back from any appellate court," Judge Daniel Konkol said in court Thursday.

Kelly Dwyer's family was in court Thursday. They say they were disappointed to learn Zocco's sentencing would be delayed.

"There are no words to express my disappointment in the legal system and the way it`s operated here. So, no comment," Kelly's father, Tony Dwyer said.

Two of the jurors who convicted Zocco said they were disappointed to learn of a delay as well.

"He was facing 400 years and we were hoping he would get every last one of them, and basically hoping that they`d plea bargain it down and get him to tell where she was actually buried or killed -- where her body is," a juror said.

Zocco has pleaded guilty to possession of cocaine and possession of THC, and maintaining a drug trafficking place in a separate case.

Two charges -- possession of narcotic drugs and possession of drug paraphernalia were dismissed as a result of the plea deal.

He'll be sentenced on those charges on January 30th as well.

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