Prosecutors seek 12½ years for ex-Subway spokesman Fogle

INDIANAPOLIS (AP) — Jared Fogle's attorneys asked a judge for leniency Thursday, saying in court documents the former Subway pitchman "is profoundly sorry" as he awaits sentencing on child pornography and sex-crime charges.

Fogle's lawyers are asking for a five-year prison term at next week's sentencing, the minimum they said they would seek when he agreed in August to plead guilty to one count each of traveling to engage in illicit sexual conduct with a minor and distribution and receipt of child pornography.

Prosecutors submitted their own sentencing memorandum Thursday requesting a 12 ½-year term – the most they'd agreed to seek under the plea deal – and a lifetime of supervision after his release.

However, federal judges have wide discretion, and Judge Tanya Walton Pratt could go beyond the prosecution's recommendation at the 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.

The sentencing requests were filed the same day one of the child-pornography victims receiving restitution from Fogle went public about her ordeal.

The girl, now 16, appeared on the syndicated "Dr. Phil Show." She described being secretly recorded at age 14 by Russell Taylor, who ran a nonprofit Fogle started to raise awareness and money to fight childhood obesity.