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Justice News

Department of Justice
U.S. Attorney’s Office
Western District of New York

Wednesday, February 15, 2017

Greece Man Arrested On Child Pornography Charges

CONTACT: Barbara Burns

PHONE: (716) 843-5817

FAX #: (716) 551-3051


ROCHESTER, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that Kevin DiMartino, 37, of Greece, NY, was arrested and charged by complaint with receiving, distributing and possessing child pornography. The charges carry a mandatory minimum penalty of five years in prison and a maximum of 20 years.


Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that according to the complaint, on December 6, 2016, an undercover law enforcement officer discovered a video file containing child pornography on the internet. Further investigation determined that the video came from an email address belonging to the defendant. The officer also discovered that DiMartino made files available for download that contained the rape of children as young as five years of age and a ten-year-old child engaged in sex acts with other children.


In January 2017, a search warrant was executed at DiMartino’s residence. Among the items seized were a desktop computer, an external hard drive and a thumb drive. An analysis of the electronic items determined that they contained both child pornography and child erotica. The electronics contained approximately 23,000 images of child pornography.


The defendant made an initial appearance before U.S. Magistrate Judge Marian W. Payson and was released. DiMartino is due back in court for a status conference on March 9, 2017, at 9:30 a.m.


The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen and the Greece Police Department, under the direction of Chief Patrick D. Phelan.


The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

Updated February 16, 2017