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UNADILLA PEDOPHILE TRIAL SCHEDULED May 8, 2008

Posted by Commentator in Uncategorized.
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Americo “Tony” Martinucci’s state trial is scheduled to begin July 22, 16 months after he was arraigned on charges of allegedly raping and sexually abusing a pre-teen girl.

Martinucci’s case has been postponed numerous times since he pleaded innocent in Delaware County Court on March 18, 2007.

The most-recent delay came when his attorneys Terence Kindlon, of Albany, and Joseph Ermeti, of Sidney, appealed the case to the Supreme Court Appellate Division Third Judicial Department, claiming that double jeopardy applied.

According to the Appellate Division decision of April 15, the contention that a trial in state court is barred by virtue of his guilty plea to the one charge contained in the federal indictment is meritless. The decision indicated his trial could proceed in Delaware County Court.

On June 10, 2007, Martinucci pleaded guilty to one count of production of child pornography in federal court in Binghamton.

Assistant U.S. Attorney Miroslav Lovric said Senior Judge Thomas J. McAvoy sentenced Martinucci on Jan. 11 to 300 months in prison without possibility of parole, followed by 10 years’ post-release supervision, which stipulates being listed on the sex-offender registry.

On Sept. 10 in Delaware County Court, Martinucci was scheduled to enter a guilty plea to rape and sexual-abuse charges but instead appeared with attorney Joseph Ermeti, of Sidney, for a closed conference.

Comments»

1. deaconblue - May 8, 2008

Why am I not surprised to find Terry Kindlon’s name attached to this case? The man has no sense of justice, just an unabiding desire to beat the system as often as possible, and get his name in the papers as much as possible. He’s slime, even to other lawyers.

And I think you’re being to kind to Tony here. Far too kind. He’ll need to be passed around to a few dozen of Bubba’s friends as well.