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Massapequa man indicted over sex video of boy

Jay Kroll, of Massapequa, who served six years

Jay Kroll, of Massapequa, who served six years in state prison for sodomizing an 11-year-old boy, was indicted on charges of videotaping "sexually explicit conduct" with a 13 year old. Credit: NYS DOC

A Massapequa man who served 6 years in state prison in the 1990s for sodomizing an 11-year-old boy was indicted Wednesday on charges of videotaping "sexually explicit conduct" with a 13-year-old boy.

Jay Kroll, 56, has been in custody since his arrest in May on unrelated child pornography charges.

In that case, said federal prosecutor Michael Canty Wednesday, Kroll was charged after federal agents searching online for child pornography traffickers, discovered a computer owned by his mother, with whom he lived, being used to access the illegal material.

At the time of his May arrest, Kroll told federal agents that he used child pornography downloaded from the Internet "to keep himself from doing what he did in the past and so that he doesn't hurt anyone," according to court papers.

But new charges allege that before his most recent arrest and well after his release from prison about 20 years ago, Kroll taped a 13-year-old relative engaged in explicit conduct three times in Gettysburg, Pa., during a trip to the battlefield and on three other occasions in suburban Rochester.

The videos were discovered by investigators after his May arrest.

Kroll pleaded not guilty Wednesday in U.S. District Court in Central Islip to the new charges of sexual exploitation of a child in the indictment, which also included receipt and possession of child pornography.

The boy was described as a relative of Kroll's and the more recent abuse occurred between June and December of 2011, according to court papers.

Canty said a separate investigation by police in Rochester, conducted at about the same time as the federal investigation, had led to Kroll being charged upstate with sexual abuse of the boy and also failure to register as a sex offender.

Meredith Vacca, an assistant district attorney in Rochester, said Wednesday that the charges against Kroll, filed in December, are still pending in local court.

When Kroll was charged in Rochester, the boy's parents were charged with endangering the welfare of a child for allowing their son to be around Kroll.

The parents' attorney, Robert Napier, said that Wednesday, coincidentally, the charges against his clients had been dropped.

Napier said his clients had assumed their relative was no longer a danger to children because he had served his prison time 20 years ago and supposedly had successfully undergone treatment.

If Kroll is convicted of a federal charge of sexual exploitation of a child, he faces a mandatory life sentence.

Kroll's attorney, Stuart Grossman, declined to comment.

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