One year later, still no trial for man found with child porn - NEWS10 ABC: Albany, New York News, Weather, Sports

One year later, still no trial for man found with child porn

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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.

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