Orinda child psychologist charged with child porn violates conditions of release, returns to jail

Lafayette resident was owner of “A Child’s Point Of View” psychotherapy practice, pays $100,000 in restitution, so far

By Allen Payton

Orinda child psychologist Kenneth Breslin was arrested for possession of child pornography on October 5, 2016 which was announced by the Contra Costa District Attorney’s office. According to the U.S. Attorney’s Office District of Northern California, for many years, Breslin now age 69, of Lafayette, Calif., was the Director and Owner of “A Child’s Point of View,” an Orinda-based office that provided adolescent, adult, and family psychotherapy services. (See related article).

A federal grand jury in Oakland indicted him on December 15, 2016, with possession of child pornography. It was announced by United States Attorney Brian J. Stretch and U.S. Immigrations and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Special Agent in Charge Ryan L. Spradlin.

In a press release from the state Board of Psychology on November 9, “Antonette Sorrick, Executive Officer of the Board, released the following statement regarding Dr. Kenneth Allen Breslin: ‘The protection of the citizens of California is paramount to the Board of Psychology and I want the public to know that the Board will move as fast as possible to investigate the allegations regarding Dr. Kenneth Allen Breslin. In the interim, I urge current and future patients to always check the license of their practitioners for their protection and peace of mind.’”

The Board also committed to “take steps to discipline Dr. Breslin’s license and further restrict his ability to practice psychology after further investigation, or action on the criminal matter.”

Breslin was prohibited from practicing psychology pursuant to a Contra Costa Superior Court order issued on November 28, 2016. He later lost his license to practice psychology. The state Board moved to revoke his license for various violations related to the case and he signed a document saying he wouldn’t contest the action.

Breslin was arrested at his residence on December 18, 2016, and made his initial appearance in federal court in San Francisco on December 19.

According to the indictment, Breslin was alleged to have knowingly possessed, and accessed with intent to view, child pornography.  He was charged with one count of possession of child pornography, in violation of 18 U.S.C. § 2252(a)(4)(B).

Breslin was held in the custody of the United States Marshals Service until his appearance December 21, 2016, for a detention hearing before the Honorable Jacqueline Scott Corley, U.S. Magistrate Judge.

He was released on December 21 pending sentencing with the stipulations that he “shall not access the internet & shall not use or possess any computer.” During the detention hearing, Judge Corley confirmed that Breslin “may not use a smart phone, or anything capable of accessing the internet.” He and his sister both signed a $150,000 bond as a promise to pay against property they owned.

However, Breslin violated his release conditions two times by accessing the internet. According to court documents, “Breslin admitted to (Pretrial Services) Officer (Anthony) Granados that he had been using the iPhone regularly to access the internet but denied he was using it for anything illegal. Id. During multiple hearings that resulted from the bond violation, Magistrate Corley found that Breslin had violated the condition that he not access the internet by clear and convincing evidence. The government announced its intention to file a motion to forfeit the bond.”  minute_order_remanding_to_custody

Because of that, two weeks ago, Breslin’s bond was revoked and he was taken back into custody and had to forfeit $100,000. The court agreed that would be the maximum amount. The day he returned to court, Breslin brought in a check for $100,000 for victim restitution, or anything else the court might order, if the restitution amount is less. signed_order_deposit_100K_into_registry     Dkt.48_Surety Bond receipt

According to court documents, “The United States Attorney’s Office has already received more than six requests for restitution from victims of the child pornography materials Breslin possessed, and more restitution requests are expected. The parties have not reached any agreement about the amount of restitution the Court should order, and this stipulation does not indicate that Breslin agrees to pay any particular amount of restitution to any victim in the case. Additionally, a $5,100 special assessment applies in this case, pursuant to 18 U.S.C. §§ 3013 and 3014. As part of the judgment in this case, the District Court may also impose a fine and forfeiture of certain assets.”

Breslin will not enter a guilty plea until his next court date, when he will also be sentenced. According to the U.S. Attorney’s office, he could face “a maximum sentence of 20 years in prison, and a fine of $250,000, plus restitution.  However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.”

The trial had been scheduled for October 26, but it is now being moved to sometime in December.

Assistant U.S. Attorneys Christina McCall and Erin Cornell are prosecuting the case with the assistance of Vanessa Quant, Trina Khadoo, and Michelle Alter Eck.  The prosecution is the result of an investigation by HSI, the Silicon Valley Internet Crimes Against Children’s Task Force, and the Contra Costa District Attorney’s Office.