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Le Roy man accused of luring child into making sexual video

By Howard B. Owens

A Le Roy man is facing three felony charges after he allegedly lured a young acquaintance into performing sexual acts in front of a camera and then sharing those videos online. CORRECTION: Det. John Condidorio sent a note this morning saying there is no evidence that the video the suspect made was shared online.

He's also accused of downloading and sharing other sexual content involving other children through a file sharing service.

Stephen M. Smith, 21, of 41 Elm St., Le Roy, is charged with possessing a sexual performance by a child, promoting sexual performance of a child and use of a child in a sexual performance.

Smith allegedly lured a person under age 17, whom Det. John Condidorio describes as "an acquaintance" of Smith's who also lives in Le Roy, into performing a sexual act and then making the video available on the Internet through a file sharing service.

File sharing services allow person share music, video and pictures directly from his own hard drive with other people on the Internet using the same software.

Quite often such services are used to share pirated music and movies among users.

The first charge accuses Smith of possessing sexual material involving children under 16, the second accuses him of allowing such material to be shared online and the third involves luring the Le Roy minor into a sexual performance.

Condidorio said he doesn't believe any other local minors were involved in making videos with Smith.

Smith was arraigned by Justice Kermit Arrington of the Le Roy Town Court and released under supervision of Genesee Justice.

No federal charges are pending and Condidorio said Smith has been cooperative throughout the investigation.

The investigation began in March when the New York State Police Computers Crime Unit notified the Le Roy Police Department that a person at 41 Elm St. in Le Roy allegedly possessed and was sharing sexual videos of underage children via the Internet.

A joint investigation was initiated and in July of 2010, the Le Roy Police executed a search warrant at the residence and secured computers and video cameras. These were later examined at the Western Regional Computer Forensics Lab in Buffalo and allegedly possessed sexual videos of underage children.

Bob Harker

Will all folks that came forward and stated that Sam Nigro deserved our understanding and forgiveness when he was sentenced for possession of 5000+ child porn videos please step forward?

It was stated that no children were actually harmed by Mr. Nigro because all he did was "possess" child porn.

I hope this case illustrates the fact that there are indeed victims in ALL cases of child porn.

Shame on Justice Arrington for allowing a predator to remain free.

Jan 12, 2011, 8:41pm Permalink
Howard B. Owens

I will say it again, Sam deserves our our forgiveness and another chance. Period.

I know nothing about this gentleman, so won't speak to his case, especially since it's still pending.

Jan 12, 2011, 9:14pm Permalink
Bob Harker

As always, H.O. I appreciate your honesty and integrity in spite of the fact that we often disagree.

One has to wonder about the other supporters of Nigro. Where are they?

Jan 13, 2011, 9:55am Permalink
Howard B. Owens

Bob, thanks ... I think in setting the two cases against one another it makes it very hard for people to comment, because there's not much known yet regarding this new case and the way you phrased things, frankly, anything anybody says regarding Sam might make it look like they're justifying the allegations against Smith. But they're really unrelated cases.

Jan 13, 2011, 10:00am Permalink
Howard B. Owens

Julie, not speaking for anybody, but there's lots of reasons for people not to respond, the least of which is that you are correct.

Jan 13, 2011, 12:22pm Permalink
Tim Howe

What the heck is going on with western NY? Within about 6 months of time, we have this unholy trinity of pedophiles (Draper,Nigro, and now Smith) that have been exposed. Makes you wonder how long these people were practicing these hanis acts right under our noses, and how many more are going unnoticed. :(

Jan 13, 2011, 4:33pm Permalink
Bob Harker

Mark and Cj: Nobody said castrate or convict without following ALL constitutional rights afforded the accused.

You two seem to be hinting that accused ALL criminals should be set free until conviction. I submit to you that such an idea is ludicrous.

Do you not consider this allegation to be one of a violent, predatory offense? After a 10 month investigative effort by THREE law enforcement agencies, I'm pretty comfortable with the fact that there is good reason to believe crimes have occurred.

Is he convicted? No.

Is there good reason to incarcerate him until trial? Absolutely!

I don't consider protecting the community from a probable violent criminal to be "guilty until proven innocent". I consider it common sense.

Mark, I object to your labeling me a hypocrite. If you follow this board at all, I believe you will find that my comments are consistent and based in logic - albeit often NOT politically correct.

Jan 14, 2011, 10:12am Permalink
bud prevost

Bob, If this guy is guilty of a crime, the court will determine sufficient punishment. I am guessing he was released to Genesee Justice as an alternative to jail. The fact he co-operated as stated may have influenced Judge Arrington's decision to do this.

Jan 14, 2011, 11:25am Permalink
Bob Harker

Very valid points Bud.

I still believe that the mere possibility of a threat to the community as a whole far outweighs the rights of an individual.

It is now being reported that the minor being videotaped is his 17 year old girlfriend, and that these videos were not put out on the 'net. I suppose that is slightly in his favor, but in no way relieves him of responsibility for disseminating other kiddie porn on the net.

Tough call, granted.

Jan 14, 2011, 11:52am Permalink
Peter O'Brien

The only problem I have with any of this is the ridiculous nature of sex predator laws. After you have served your sentence, you shouldn't be tracked for the rest of your life.

Jan 14, 2011, 11:59am Permalink
Jeremiah Pedro

Peter,

I bet Jaycee Dugard and her family would disagree with you in regard to your opinion that sex offenders shouldn't be tracked for life. As well as Poly Klass and her Family and Brittany Carleo and her family.

Jan 14, 2011, 1:14pm Permalink
Tim Howe

So Peter, after a monster of a pedophile serves his sentence, you think he is just going to magically not be attracted to innocent children anymore? In a way Peter I agree with you that they should not be tracked because they should never see the light of day again outside of prison walls.

Mark, regarding that castrating comment, let me ask you this...Would you believe in that kind of a punishment to a CONVICTED pedophile? And for the record innocent till proven guilty is all good, but the police don't just go around arresting people at random and charging them with crimes. The percentage of people in this country that get wrongfully accused is very minuscule.

Jan 14, 2011, 4:31pm Permalink

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