November 2, 2006

DA’s “Operation Teensaver” Catches Yonkers Man

Testa charged with felony after explicit conversations with undercover detective posing as 14-year-old girl

MINEOLA, NY - Nassau County District Attorney Kathleen Rice announced today that Robert Testa, 60, of Yonkers, has been arrested and charged with three counts of Attempted Disseminating Indecent Material to Minors in the First Degree and two counts of Attempted Endangering the Welfare of a Child in connection with a series of graphic and sexually-explicit Instant Messages and telephone conversations he had with an undercover D.A. Investigator believed by the defendant to be a 14 and eventually 15-year-old girl.

Today’s arrest also marks the first arrest in Nassau County since last summer’s Appellate Division ruling, People v. Kozlow. In the decision, the court held that sexually-explicit words alone do not constitute a felony crime under New York state law. While Mr. Testa’s case includes three felony charges relating to e-mailed pictures, there is a misdemeanor charge that prior to the ruling, would have been prosecuted as a felony offense.

District Attorney Rice has called on the state legislature to immediately draft legislation addressing the loophole in the current law. It is estimated that 9 out of 10 cases involving internet predators involve words-only.

“Words are more useful to sexual predators than pictures are, plain and simple,” said Rice. “Child predators groom their victims with words, they establish their trust with words; words are the foundation of these horrific crimes and should be crimes themselves!”

The incidents involving Mr. Testa date back to September 2005 and include recorded telephone conversations of the defendant and the undercover investigator engaging in “phone sex”. Using the screen name “Robert173”, the complaint also alleges that Mr. Testa engaged in “cyber sex” with the investigator and has sent her sexually-explicit photographs of his genitalia.

Prior to the Kozlow decision, the misdemeanor Attempted Endangering the Welfare of a Child, relating to his “cyber sex” attempt, would have been charged as felony Attempting to Disseminate Indecent Material to Minors.

The defendant faces a maximum of 12 years in prison if convicted of the charges. Prior to the Kozlow decision, the defendant would have been facing a maximum of 16 years in prison of the four felony counts.

Since the beginning of the year, the district attorney’s office has arrested 8 internet predators.

Mr. Testa was arrested at his home in Yonkers this morning. He will be arraigned later today in First District Court, Hempstead. Search warrants of Mr. Testa’s home and place of business have been signed and are being executed.

The undercover sting was executed by “Operation Teensaver” of the Nassau County District Attorney’s Office. Assistant District Attorney and Chief of the Technology Crimes Unit, Stephen Treglia, will handle the case for the district attorney’s office.

The charges are merely accusations and the defendant is presumed innocent until and unless proven guilty.