Former Hopkinton Middle School custodian Benjamin Hogan, shown in a Dec. 20 court appearance, was sentenced Monday to probation for possession of child pornography. PHOTO/NICK SCHOFIELD

Former Hopkinton Middle School custodian Benjamin Hogan will avoid jail time after agreeing to plead guilty to possession of child pornography in Milford District Court on Monday.

Hogan appeared before Judge Richard Eustis alongside his lawyer, Meredith Underwood. Underwood informed Eustis and a lawyer representing the Worcester County District Attorney’s Office that her client intended to plead guilty. 

The Massachusetts State Police arrested Hogan on charges of possession of child pornography last November. Court documents detailed how investigators tracked downloads of child sexual abuse material (CSAM) onto a laptop owned by Hogan. State Police partnered with the Hopkinton Police Department to apprehend Hogan while he was working a custodial shift at Hopkinton Middle School.

Before Hogan tendered his guilty plea, the court held a brief recess so Eustis could review the DA’s sentencing recommendations and documentation submitted by Underwood. As the proceedings resumed, Eustis noted he “got a good understanding of both the allegations and the input from the defense.”

Both Underwood and the Worcester County DA discussed what sentencing should be imposed. A sticking point for the defense was the recommendation to require Hogan’s registration to the Sex Offender Registry Board. 

“I ask the court to relieve him of that statutory requirement,” Underwood requested. She explained that a sexual offender assessment on Hogan that she provided to the court showed he “has below average risk of reoffending.” Furthermore, she pointed to her client’s lack of prior history, compliance with court orders and no additional reoffenses since his arrest as factors in favor of forgoing registration.

The Worcester County DA noted that Hogan’s employment at the time of his arrest — working as a custodian at Hopkinton Middle School — and his residence in a home with two underage children underlined the commonwealth’s concerns when it came to sentencing. Underwood countered that Massachusetts State Police had found no evidence that the allegations against Hogan extended to his place of employment.

“There is no evidence … children in the school were involved,” said Underwood. She characterized his employment at the time as “merely coincidence” but conceded she would not push back against recommendations for an extended probation.

Eustis weighed Underwood’s arguments with the DA’s recommendations, ultimately siding with the defense. “The only reason I will hold off on registration is because he’s not going to be around kids,” the judge said.

Added Eustis: “I’m mindful the gentleman has no record at all and no allegations of unlawful conduct with children in any way.”

However, the judge cautioned Hogan that any violation of probation could lead to, at minimum, a 2 1/2-year jail sentence. Eustis also explained that he would refrain from giving a suspended sentence so any future judge could impose the maximum sentence available if Hogan violates his probation or reoffends.

Following the guilty plea, Hogan was sentenced to five years probation. He was ordered to complete sex offender therapy and a mental health evaluation, and comply with any recommended treatment. Furthermore, Hogan is prohibited from unsupervised contact with anyone under 16 and ordered to refrain from seeking employment at facilities that cater primarily to children.

Eustis also ordered the destruction of electronic devices containing CSAM that were entered into evidence for the case, upon request from the DA.