BURGLAR'S GOOD DEED HONORED

He Helped Nab Child Molester

Matthew Hahn had so many house burglaries on his rap sheet that he
faced life in prison. But on Tuesday, Santa Clara prosecutors agreed
that Hahn's role in catching a child molester was so compelling that
he deserved a lighter punishment.

The 26-year-old Los Gatos man pleaded guilty in a deal in which he
will be sentenced to a maximum of just over 14 years.

The question of whether Hahn's good deed should be weighed against his
bad acts had people across the country debating whether he deserved
leniency.

Those same debates went on in the district attorney's office.

"He looks like he has some redeeming qualities," said Assistant
District Attorney David Tomkins, the senior member of the panel that
decides how to charge potential "three strikes" cases. "If he does
well, society benefits and we all move on. If he falls again, we'll be
waiting."

Last year, Hahn, who has multiple convictions for a 1998 spree of
methamphetamine-fueled residential burglaries in Saratoga, downloaded
the contents of a stolen flash card on his computer. Horrified that
the file had photographs of a man molesting a young girl, Hahn wrapped
up the card, addressed it to the police and dropped it in a mailbox.
He included a note saying, "Please remove this animal from the streets."

Using the photographs, police found and arrested the man from whom
they had been stolen -- John Robertson "Robbie" Aitken. Aitken
pleaded no contest in May to molestation charges and received a
30-year sentence. But Hahn was soon arrested for a burglary spree.
Hahn protested that he was the person who had sent them the
incriminating evidence. Nevertheless, he was left facing a prison term
that could have been longer than Aitken's because the new crimes may
have been used as Hahn's third strike.

Hahn, who never admitted he stole the flash card with the damning
photographs from Aitken, told the Mercury News in June that even he
was conflicted about what punishment he should receive.

His attorney Allen Schwartz sent a memorandum detailing Hahn's help in
the Aitken case and other positive details of his life: his stellar
college grades, the time he resuscitated someone at a bookstore.

"The thing he is taking away from it is that providence was smiling
on him when he found those horrible photographs," said Schwartz. "He
realizes what he has done, that he put himself in the position that he
is in. Now he is trying to put the best spin on life and he is looking
forward to the future."

Tomkins added that Hahn had no history of violence.

"Someone could have done the greatest deed in the world and they are
still a dangerous person to the community. The fact that he isn't,
made it that much easier a decision."

"The guy obviously has a drug problem," Tomkins added. "It's too
bad he fell on his face."

Tuesday, Hahn pleaded guilty to residential burglary, receiving stolen
property and other felonies. In return, Hahn may be eligible to serve
his time fighting fires from a minimum-security camp and be out in
less than seven years.

Superior Court Judge Robert Ambrose is expected to sentence him Oct.
27.

Even the prosecutor of the child molester had agreed to testify to
Hahn's invaluable help in her case.

"Justice has been done," Deputy District Attorney Dana Overstreet
said when she heard of Hahn's plea. "He has accepted responsibility
and punishment for his actions. At the same time we have recognized
all the good that he did."