Franklin County Man Pleads Guilty to Possessing Child Pornography | USAO-NDNY

ALBANY, NEW YORK – Robert Fitzgerald, age 83, of the Town of Waverly, New York, pled guilty today to possessing child pornography.

The announcement was made by Acting United States Attorney Antoinette T. Bacon and  Kevin Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).

In pleading guilty, Fitzgerald admitted that between February and April 2018, he engaged in sexually explicit conduct with a minor, and videorecorded that conduct.  He further admitted to possessing these videos on August 9, 2019.

Fitzgerald faces a sentence of up to 20 years in prison, a fine of up to $250,000, and a term of supervised release of at least 5 years and up to life.  He will also be required to register as a sex offender.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

Sentencing has been set for June 9, 2021 in Albany before Chief United States District Judge Glenn T. Suddaby.

This case was investigated by Homeland Security Investigations and the New York State Police, and is being prosecuted by Assistant U.S. Attorneys Shira Hoffman and Katherine Kopita. 


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