Did a child porn case fall through the cracks?

WAUKESHA- Thirty-seven year old Robert Turk was able to freely walk out of a Waukesha court room on Tuesday and go home despite being convicted of three felonies.



Those felonies were not the five counts of possessing child porn he was initially charged with in June of 2013.



According to the criminal complaint against him, the Waukesha County Sheriff's Department was contacted by the state who said they got a tip someone in Pewaukee was sharing suspected child porn on Facebook under the fake name \"Charles Carmichael.\"



They traced the case to Turk who admitted to the images featuring children from 6 months to 10 year old and also to using them to role play in Facebook chats.



In one instance he told police he had role played the sexual assault of a small infant.



The problem is that all the information was generated on the tip to the Department of Justice got three years ago.

\"It looks like it got lost in the system,\" Turk's attorney, Jonathan LaVoy, said.

Based on the time between the tip and charges, LaVoy filed a motion essentially saying the powers that be waited too long.

Eventually a plea agreement was reached for Turk to be sentenced for three counts of possessing or distributing a recording of nudity without consent.

Turk received three months probation and nine months conditional jail time with release time for schooling and work.

He also does not have to register as a sex offender.

As part of his probation,Turk is not allowed to have contact with anyone under 18 years old except his daughter and only with the permission of his probation agent.



He's not allowed to use the internet without the consent from his probation agent for work and educational purposes only.



finally, he has to continue with counseling.

CBS58 asked the Waukesha Coutny District Attorney's Office for a comment on the story but they refused the offer.