PITTSTOWN, N.Y. – It's been more than one-year since a
Pittstown man charged with felony possession of child pornography was arrested. Now,
District Attorney Rich McNally says he expects John Kelly to be tried before the
end of the month.
Kelly was arrested on January
20, 2012 after Rensselaer County Sheriff's investigators working
with the FBI executed a search warrant and found 100 hard drives, allegedly
containing child pornography, inside his home. McNally says after a year of
analyzing those hard drives they only found about ten images of child
pornography.
"There was a lot of hardware
taken out of the house, the Feds waived off on it, in the end we're looking at a
class D Felony," McNally said. "It takes a painstaking long time to go through
the forensic analysis," McNally said referring to the 100 hard drives. McNally
says at Kelly will most-likely be in court in the next few weeks.
Kelly could see a maximum to 1
and 3/4 years to 4 years in state prison for the charge and a minimum of six
months in prison with 10 years probation. Kelly is being represented by J.
Hernandez III from Smith Hernandez LLC located in Troy.
When asked about the trial
Hernandez said "there's no court date scheduled yet, so I'm not going to comment
on the matter at this time."
The FBI worked in collaboration with the
Rensselaer County Sheriff's Office to catch Kelly. Investigators told NEWS10
Kelly was downloading images when the teams went in to arrest him.