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Judge denies bail for child porn defendant Joseph Valerio

Smithtown real estate investor Joseph Valerio, 47, of

Smithtown real estate investor Joseph Valerio, 47, of Smithtown, for the second time in less than a month, has been arrested on charges of producing child pornography.

A federal judge Friday denied bail for the second time to a Smithtown man accused of producing child pornography involving two young girls.

Attorneys for Joseph Valerio, 47, of 3 High Gate Dr., a real estate investor, said there was a presumption that a defendant is entitled to bail, and that the new bail package they offered would create the equivalent of home prison for their client.

The lawyers, Anthony La Pinta and Leonard Lato of Hauppauge, argued the new proposal should answer any concerns that U.S. District Judge Joseph Bianco had about releasing their client while awaiting trial.

But in again denying bail for Valerio, Bianco, in Central Islip, agreed with Eastern District federal prosecutors Allen Bode and Ameet Kabrawala that the accused would still be a danger to the community and a flight risk. Saying there was no constitutional right for a defendant to have a jail cell in his home, Bianco added that in controlling a prisoner's conduct "a jail is not perfect, but much more perfect" than a home.

In one instance, Valerio is accused of using email to instruct an ex-girlfriend in Ukraine how he wanted her to molest her 3-year-old daughter and record it with a cellphone camera.

In a second instance, Valerio is accused of molesting a 6-year-old girl in the basement of his Smithtown home.

He has pleaded not guilty. Defense attorneys La Pinta and Lato declined to say afterward if they were considering an appeal.

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