Disgraced former Subway pitchman Jared Fogle is "profoundly sorry" and will ask for leniency when he is sentenced next week on child pornography and sex crime charges, his attorneys said in a filing Friday.
Attorneys for Fogle want the federal judge in Indianapolis to give him a five-year prison term — less than the 12 years and seven months that federal prosecutors are seeking. In addition, the government wants the 38-year-old father of two to get a lifetime of supervision following his release.
Fogle's attorneys said in their sentencing memorandum that he will personally address the court.
"He is painfully aware of the fact that he has impacted the lives of minor victims, hurt those closest to him, and, for all practical purposes, destroyed the life he worked to build over the last eighteen years," the memo said.
"Since law enforcement searched his house in July, Mr. Fogle has worked to take responsibility for his conduct, to assist the minor victims in this case, to make amends with his family, and to address his medical issues," the memo continued, adding that he is "fully committed" to his rehabilitation as a productive member of society.
Subway severed its relationship with Fogle after the allegations surfaced.
The judge, meanwhile, could go beyond the prosecution's recommendation at Fogle's Nov. 19 sentencing. The child-porn charge carries a maximum 20 years in prison, and the sex with a minor count is punishable by up to 30 years.
In their sentencing recommendations, prosecutors said the facts in the case "provide a window to Fogle's history and character."
Court documents detailing the charges against Fogle say he had sex at New York City hotels with two girls under age 18 — one of whom was 16 at the time — and then paid them.
Prosecutors also said Fogle received photos or videos of child porn from Russell Taylor, who had been the executive director of Fogle's charity, the Jared Foundation.
Taylor has separately agreed to plead guilty to child exploitation and child pornography charges.
Fogle has so far agreed to pay a total of $1.4 million to his 14 victims, with each getting $100,000.
As of Thursday, 11 of those victims had received their restitution and the three others should have arrangements in place to be paid by Fogle's sentencing hearing, Assistant U.S. Attorney Steven DeBrota told The Associated Press.