Federal Jury Convicts Former Substitute Teacher and Private Tutor of Distribution, Receipt and Possession of Child Pornography

Assistant U. S. Attorneys Alessandra P. Serano (619) 546-8104 or Connie V. Wu (619) 546-8592

NEWS RELEASE SUMMARY – September 21, 2017

SAN DIEGO – A federal jury yesterday convicted Marlin Lee Gougher, a former substitute teacher in the Temecula School District and private tutor, of three counts of distribution, receipt and possession of child pornography.

Gougher possessed two laptop computers with over 300 videos of child pornography, some of which depicted children as young as four years of age. The FBI executed the search warrant of his Oceanside apartment in January 2013.

Gougher, who elected to appear in court wearing a prison issued orange jumpsuit, testified on his own behalf.  However, all of the testimony was stricken by United States District Court Judge William Q. Hayes as being non-responsive to any question posed.

“The jury has recognized the defendant for who he is – every parent’s nightmare,” said Acting U.S. Attorney Alana W. Robinson. “This trusted teacher and tutor with direct access to children was exploiting young victims in the worst way. I consider protecting the well-being of children to be our highest calling as prosecutors.”

“Each image Mr. Gougher possessed represented the victimization of a child.  This case is particularly disturbing given the defendant’s former position as a teacher and tutor.” said FBI Special Agent in Charge Eric S. Birnbaum.  “We hope this jury conviction sends a clear message to anyone involved in the online sexual exploitation of a child:   the FBI will not tolerate the victimization and destruction of our children’s future and will remain vigilant and committed to removing sexual predators from our children’s lives.”

DEFENDANT                                               Case Number 14cr0635-WQH                                            

Marlin Lee Gougher                           Age: 59           Oceanside, CA

SUMMARY OF CHARGES

Distribution and Receipt of Images of Minors Engaged in Sexually Explicit Conduct – Title 18, U.S.C., Section 2252(a)(2)

Maximum penalty: 20 years’ imprisonment with a mandatory minimum sentence of 5 years. Lifetime of supervised release

Possession of Images of Minors Engaged in Sexually Explicit Conduct – Title 18, U.S.C., Section 2252(a)(4)

Maximum penalty: 20 years’ imprisonment. Lifetime of supervised release

AGENCY

Federal Bureau of Investigation