DELHI _ Americo "Tony" Martinucci pleaded guilty Tuesday in Delaware County Court to three counts of raping a pre-teen girl, one day before his state trial was scheduled to begin.
Martinucci's case has been postponed numerous times since he was arraigned on a six-count indictment on March 18, 2007.
Martinucci was in court for a Huntley hearing to determine if he was properly given Miranda warnings before he gave police a statement.
Before the hearing, Martinucci's attorney Terence Kindlon, of Albany, told Judge Donald Cerio, of Monroe County, that his client had decided to accept a plea agreement. Kindlon's co-counsel, Joseph Ermeti, was also present.
"Plea negotiations were held, and a plea offer was formulated and communicated to our client," Kindlon said. "After discussing it with his wife at the jail this morning, he has made a decision to withdraw his not-guilty plea."
Delaware County District Attorney Richard Northrup said he had agreed to accept guilty pleas to three counts of first-degree rape. He said Martinucci would be sentenced to three 15-year prison sentences, each with five years of post-release supervision, all to run concurrently with each other and his federal sentence. Martinucci will also be listed as a sex offender and will be subject to an order of protection forbidding him to contact the victim.
On June 10, 2007, Martinucci pleaded guilty to one count of production of child pornography in federal court in Binghamton.
Assistant U.S. Attorney Miroslav Lovric said Senior Judge Thomas J. McAvoy sentenced Martinucci on Jan. 11 to 300 months (25 years) in prison without possibility of parole, followed by 10 years of post-release supervision, which stipulates being listed on the sex-offender registry.
The former owner of Tony's Pizzeria and Restaurant in Unadilla was originally charged in state court with three counts of first-degree rape, two counts of first-degree sexual abuse, all felonies, and one misdemeanor count of endangering the welfare of a child.
Cerio said the sexual abuse and endangering charges would be dismissed at sentencing, which is scheduled for 1 p.m. Thursday.
As Cerio began the plea procedure, he asked Martinucci if he understood what was going on and was in the right frame of mind to go through with the plea.
"The most important thing is that I discussed it with my wife," Martinucci answered, his voice breaking as he began to cry.
Cerio asked Martinucci to verify that the alleged incidents occurred in Sidney and in the village of Franklin during the summer of 2003 and that the victim was younger than 11 at the time.
When Cerio insisted that Martinucci admit that he performed acts of sexual intercourse with the child, Martinucci hesitated, looked at Kindlon, then at Ermeti and then gazed at the ceiling before finally admitting that the acts took place.
Martinucci began to act restless and Kindlon told him he had to listen to the judge.
When the plea was complete, Cerio said, arrangements had been made with the Delaware County Probation Department to quickly update Martinucci's pre-sentence report so the sentencing could take place this week.
The victim's grandparents sat in the back of the courtroom during the proceedings. They said later that they "held their breath when it looked like he might decide not to go through with the plea.
"It's such a relief to have it over," the grandmother said.
Northrup said the family has the option of giving a victim impact statement at the sentencing.
The case began with the victim calling 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.
Martinucci said he was "trying to teach" the girl how to have sex, according to a transcript of the call included in court records.
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Patricia Breakey can be reached at 746-2894 or at stardelhi@stny.rr.com.
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