judge reduced the original 18-year jail term by 10 years Monday for Kevin Bollaert, who was convicted of extortion and identity theft with a “revenge porn” web site that published the nude photos of a Chula Vista woman and hundreds of others.
The projected release of Bollaert, 29, was changed from 2024 to Jan. 31, 2019 by the sheriff’s department late Monday. Bollaert has been confined to the George Bailey Detention Facility. He would have been the sheriff’s longest held person in local jail as prison was ruled out at his first sentencing on April 3 under the public safety realignment law.
After much consideration, San Diego Superior Court Judge David Gill said the sentence was “a compromise.” While the 18-year term was technically affirmed, Gill ruled he could be released after serving eight years, with 10 years of mandatory supervision by the sheriff’s department.
The sheriff’s department responded by giving Bollaert half-time credits, allowing for release in 2019. Gill said under the original sentence, Bollaert would have been released in 2024 but without any supervision and he wanted him working to help pay the $15,488 restitution order to the affected women.
“He’s walking in circles in a concrete room, slowing going crazy,” said his attorney, Emily Rose-Weber. “He’s having a horrible time right now. He’s got the longest sentence of anyone in county history.”
Rose-Weber said the original sentence left him ineligible to become a jail trustee without access to the jail library, vocational training or most programs. She said he was not eligible to clean toilets and even prison conditions would be better because he would be allowed to go to separate buildings and exercise.
“I understand Kevin needs to be punished. He hurt people,” said his father who asked Gill for the reduction and said his son could relocate to his family’s home in another state for employment in a family business.
“This is our chance to re-direct him. He needs to make himself whole while he makes others whole,” said his father, who did not give his name in court.
A jury convicted Bollaert Feb. 2 of six counts of extortion and 21 counts of identity theft in connection with the UGotPosted.com website in which he placed nude photos of women whose ex-lovers sent in to him. The photos of hundreds of women and two men were apparently hacked from personal computers with the victims’ full names, cities of residence, e-mail addresses, phone numbers and work places published.
People who wanted their photos taken down were told to pay between $250-$350 on the website ChangeMyReputation.com. One victim described it as blackmail. The state Attorney General’s office opposed the reduction of sentence.
“Whether he finds his moral compass during his incarceration remains to be seen,” said Deputy Attorney General Tawnya Austin.
Austin said many victims could not be located while others who came forward said they are still getting harassment from Internet “trolls” who keep finding their photos still online on other web sites. She noted that civil judgements have already been found against Bollaert who ignored lawsuits against him.
