The request comes after James P. DeGroff was assaulted in prison following his June conviction in Thurston County Superior Court for molestation and child pornography possession.

DeGroff could be victimized again, his attorney, Jeff Cohen, said in a motion filed to the court. He asked a judge to set bail for DeGroff while the appeal is pending to avoid a hypothetical situation where DeGroff serves prison time only to have his conviction overturned.

Convicted child molesters often become targets for attacks from other inmates in the prison caste system.

The inmate who confessed to attacking DeGroff told correctional officers his actions were motivated by his hatred for child molesters, court documents say.

"There are some who would think that is justice, but that's not my sense of justice," Cohen said.

DeGroff ran a business, Pure Energy, that provided activities and entertainment to South Sound schools and day-care centers. Four young girls, ages 5 and 6, said DeGroff molested them during the activities.

A jury convicted DeGroff of two counts of first-degree child molestation involving one of the victims, and two counts of child pornography possession stemming from images found on his computer. He was sentenced to 71/2 years in prison in June.

DeGroff has appealed, but a decision from the appellate court is expected to be at least 18 months away, attorneys involved with the case said.

Prosecutors contend DeGroff has no legal ground for release due to the nature of his conviction.

In legal briefs filed with the court, prosecutors cited a Washington statute that states the filing of an appeal "shall not" postpone punishment for defendants convicted of sex offenses, including child molestation.

In other cases, courts are asked to consider several factors before granting an appellate bond, including whether the defendant poses a flight risk, a threat to the community, or whether his release would cause "unreasonable trauma" to the victim or victim's family, court documents say.

In a response to Cohen's motion, Deputy Prosecuting Attorney Jodilyn Erikson-Muldrew wrote: "The term 'shall not' clearly acts as a prohibition against staying the execution of the defendant's sentence."

The issue was scheduled for argument Wednesday before Judge Richard Strophy but the hearing was postponed indefinitely.

After his trial, DeGroff was transferred to the Washington Corrections Center in Shelton, which is the first stop in the prison system for adult males.

DeGroff was assaulted Sept. 2 after getting breakfast, according to court documents. He was walking away from the food line when another inmate punched him in the neck, which dropped him to the floor.

DeGroff didn't see the inmate who attacked him. Corrections officers followed a tip and questioned an inmate who said he punched DeGroff because he "only wanted to make a point that the child molester was not welcome nor safe," court documents say.

The inmate read about DeGroff in the newspaper, Cohen said.

DeGroff has since been transferred to the Airway Heights Corrections Center near Spokane, said Elizabeth Shay, spokeswoman for the Department of Corrections.

If released, DeGroff could live with his parents, who reside on a 10-acre rural property devoid of children, his attorney wrote in court documents. Cohen pointed out that DeGroff attended all of his court hearings and did not violate conditions of his release during the year before his trial.

Scott Gutierrez covers crime and law enforcement for The Olympian. He can be reached at 360-754-5465 or by e-mail at sgutierr@olympia.gannett.com.