Jared Fogle: Prosecutors Ask for More Than 12 Years in Prison in Court Filing

Defense attorneys claim that a forensic psychiatrist says there is "weak evidence" Fogle is a pedophile

Jared Fogle. Photo: Michael Conroy/AP

Federal prosecutors asked a judge on Thursday to sentence former Subway spokesman Jared Fogle to 12½ years in prison followed by a lifetime of supervised probation at his sentencing Nov. 19, according to a sentencing memorandum obtained by PEOPLE.

In August, Fogle, a 38-year-old father of two, agreed to plead guilty to sex acts with minors and child pornography charges. As part of the agreement, prosecutors agreed to ask for no more than 12½ years in prison while the defense agreed not to ask for less than five years.

Also on Thursday, Fogle’s attorneys filed a separate sentencing memorandum, obtained by multiple outlets, asking Fogle to be sentenced to five years, the minimum allowable under the agreement. The filing states that Fogle was profoundly sorry for victimizing children.

But according to the government’s filing, “Fogle went to great lengths to engage in commercial sex acts with underage minors.” It adds that “he continually communicated with the prostituted minors in his attempts to find even younger children for sex. He specified the ages he wanted, including 14 and 15 year olds.”

In addition to sex with children, the filing states that “Fogle has paid for commercial sexual activity with adults on hundreds of occasions.”

Fogle agreed to admit in August to getting images of child pornography from Russell Taylor, who ran Fogle’s charity for overweight kids, the Jared Foundation. In September, Taylor agreed to plead guilty to 12 counts of child exploitation and one count of child pornography by using hidden cameras in his homes to make more than 400 child pornography videos, some of which he shared with Fogle, according to court documents obtained by PEOPLE.

The government’s sentencing memorandum states that none of the 12 victims whose images were seen by Fogle were aware they were being filmed and that the youngest victim filmed was 9 years old.

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Last month, the Dr. Phil show aired secretly taped phone recordings of Fogle allegedly admitting to his sexual interest in children.

The show acquired the Fogle tapes from Rochelle Herman-Walrond, a self-described journalist and former radio host from Florida who said she secretly recorded Fogle and became an FBI informant. (The agency has publicly acknowledged receiving the tapes before raiding Fogle s Indiana home on July 7, but has not confirmed that Herman-Walrond ever worked with investigators as an undercover informant.)

In one of the recordings, the voice alleged to be Fogle recalls a sexual encounter with an 11- or 12-year-old girl, calling it “wonderful.”

On the same day Fogle agreed to plead guilty, his wife filed for divorce, citing “an irretrievable breakdown of the marriage,” according to documents obtained by PEOPLE.

Fogle’s Filing: ‘Weak Evidence’ of Fogle’s Pedophilia, Says Forensic Psychiatrist

The filing from Fogle’s layers stated that Fogle “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 18 years.”

The filing stated that, according to a forensic psychologist, Fogle “suffers from hypersexuality and alcohol abuse/dependence.”

It added that the psychiatrist found “weak evidence” of pedophilia, and that Fogle is “very treatable.”

“The country, and indeed the world, has witnessed Mr. Fogle’s very public humiliation,” the filing adds. “Anyone with a television or access to the internet has witnessed … Mr. Fogle lose everything he has worked for.”

It adds, “Simply put, no one wants to be Mr. Fogle.”