AUTHOR'S NOTE: This story contains details from court proceedings that are sexual in nature involving a child. Due to the content of this story, discretion is advised before reading. If you know or suspect that any child under the age of 18 is being abused sexually, please call the Texas Child Abuse Hotline at 1 (800) 252-5400.

WICHITA FALLS ( KFDX/KJTL ) — A man was in the Wichita County Courthouse to learn his fate after entering an open plea to child pornography charges after police said he used a hidden camera to record a teenage girl in her bedroom.

Michael DeWayne Burnett, 54, of Lawton, Oklahoma, entered an open plea of guilty to one count of possession with intent to promote child pornography and one count of attempting to possess with intent to promote child pornography on Thursday, October 17, 2024.

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Burnett, an Army veteran with no prior criminal history, was first arrested in December 2023 after his wife, the victim's mother, reported finding a video on his phone of the victim that was sexual in nature.

Burnett entered an open plea, meaning no deal was in place when he admitted his guilt in the 78th District Court on Thursday afternoon, leaving his fate in the hands of Judge Meredith Kennedy, with punishment ranging anywhere from probation to 10 years behind bars.

Burnett's sentencing hearing began at around 1:30 p.m. on Thursday with the prosecution, represented by Wichita County Assistant District Attorney Joseph Vrechek, calling Ty Collins, a detective with the Burkburnett Police Department, to the witness stand.

Burkburnett detective takes the stand first

Videos were admitted into evidence and played in open court of Burnett appearing to make several attempts to set up a hidden camera in the bathroom. Det. Collins testified that he did not find any evidence that Burnett had uploaded or distributed the video online.

During cross-examination by Burnett's defense, Collins testified that Burnett did cooperate with the investigation and that they found no evidence of any sexual activity between Burnett and the child victim.

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"He said during an interview that he put the camera in her room and I shouldn't have," Det. Collins testified.

Vrechek then rested the prosecution's case.

Victim's mother testifies on Burnett's behalf

Burnett's defense called the victim's mother to testify on Burnett's behalf, claiming her husband was trying to make sure the victim wasn't doing anything that would get her into trouble, and catch her if she did.

"He was trying to prove to me [the victim] was doing inappropriate things and talking to an adult," the victim's mother testified.

The victim's mother testified that her daughter, now 17 years old, was 16 when Burnett recorded the video of her.

The victim's mother testified that she and Burnett are currently in the process of getting a divorce, that he hasn't been allowed around the victim or her 10-year-old sibling since the charges came to light, and that it was she who initially reported the videos to police.

Despite all this, however, her testimony seemed to adamantly defend Burnett and minimize alarming allegations presented by the prosecution regarding Burnett's internet search history, which included pornography.

The victim's mother testified that she believed it would be best for Burnett to be sentenced to probation, saying that Burnett was a great man and that alcohol played a role in the incident for which Burnett was charged.

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During cross-examination, Vrechek questioned the victim's mother regarding specific types of pornography Burnett searched for on Google. She testified that pornography was just a fantasy, similar to watching a horror movie.

Burnett takes the stand himself

Burnett himself then took the stand, testifying that what he did was out of his character, that he didn't know why he did it, and he "brought shame" to his family and himself.

While on the stand, Burnett admitted he was indeed guilty of the charges against him, and that he was attempting to take accountability for his actions. He testified he was willing to accept the consequences that were forthcoming.

Burnett later testified that in addition to attempting to catch the child victim doing something she wasn't supposed to be doing, he set up the camera for "the worst possible reason" and admitted he was hoping to see the victim naked.

"I've let a lot of people down," Burnett testified. "For that, I'm truly sorry."

When asked why the Court should believe Burnett would comply with the terms of his community supervision, Burnett said, "I was a soldier. I know how to follow orders."

Judge Kennedy decides on Burnett's sentence

Burnett's attorney pointed to his record and requested probation, while prosecutor Joe Vrechick claimed he didn't have the court fooled and that his insidious grooming was worthy of the maximum punishment.

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After a break, Judge Kennedy returned to the courtroom and announced Burnett would receive a 10-year deferred sentence and be placed on community supervision.

Judge Kennedy said the decision to sentence Burnett to probation rather than prison was due in large part to the fact that the victim's mother seemed to be in denial of the severity of Burnett's charges.

Judge Kennedy said she feared that if Burnett was sentenced to prison, he'd potentially be able to qualify for early release and be let back into the home while the victim's sibling was still a child. She added a condition to Burnett's sentence, prohibiting him from making any contact with the victim or her sister and not allowing him to live with any child under 18.

"Consider yourself lucky," Judge Kennedy said.

Burnett will be required to register as a sex offender, and he'll be required to remain in Wichita County until prosecutors are able to confirm that the sex offender and probation program in Oklahoma are comparable to that of Texas.

Judge Kennedy then warned Burnett that if he violated any single condition of his community supervision sentence, she would ensure he'd be put behind bars for as long as she was able to.

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