Americo "Tony" Martinucci's state sexual-abuse trial is back on the July trial calendar after the state Appellate Division denied a motion for leave to appeal.
Martinucci's attorney, Terence Kindlon, applied to appeal a state appeals court decision that double jeopardy does not apply.
Delaware County District Attorney Richard Northrup said Tuesday that Kindlon's bid to continue to stay the trial was also denied by the higher court.
"The trial will go forward," Northrup said. "Probably during the second week of the July 14 trial term."
Martinucci's trial was scheduled to begin with jury selection May 13, but was postponed by Kindlon's attempt to appeal.
Martinucci, 65, the former owner of Tony's Pizzeria and Restaurant in Unadilla, faces rape and sexual-abuse charges in Delaware County. Last year, he pleaded guilty to and was sentenced on a federal charge of production of child pornography.
Kindlon had filed the original motion to have the Delaware County charges dismissed, claiming double jeopardy because the federal and state cases are based on the same acts.
On March 19, 2007, Martinucci pleaded innocent in Delaware County court to three counts of first-degree rape and two counts of first-degree sexual abuse, all felonies, and one misdemeanor count of endangering the welfare of a child.
The charges stem from alleged incidents in Sidney and in the village of Franklin during the summer of 2003, according to court records.
The alleged victim called Martinucci in the presence of state police investigators Oct. 18, 2006, after one of her parents reported to troopers two days earlier that she had been sexually abused by Martinucci in the summer of 2003, according to an affidavit from FBI agent James T. Lyons Jr.
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Patricia Breakey can be reached at 746-2894 or at stardelhi@stny.rr.com.
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