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Date: 05-15-2023
Case Style:
Case Number: 8:22-cr-00293
Judge: David N. Hurd
Court: United States District Court for the Northern District of New York (Oneida County)
Plaintiff's Attorney: United States Attorney’s Office in Utica
Defendant's Attorney:
Description: Utica, New York criminal defense lawyer represented Defendant charged with sexual exploitation of a minor, committing a felony offense against a minor while being required to register as a sex offender, and receipt and possession of child pornography, following a 5-day trial in Utica.
Jerod Schaffer, age 40, of Potsdame, New York, was convicted in 2014 in Franklin County, New York, of attempted sexual abuse in the first degree and, as a result, was required to register as a sex offender. In November 2021, Schaffer met a 14-year-old girl on a social media site and began requesting and receiving child pornography from her. In early 2022, Schaffer traveled from New York to Ohio where he had sex with the victim on multiple occasions, recorded it, and posted a sex video online. When Schaffer’s house was searched in May 2022, he had dozens of sexually explicit files depicting the victim.
18:2251.F-SEXUAL EXPLOITATION OF A CHILD
(1)
18:2251.F-SEXUAL EXPLOITATION OF A CHILD
(1s-2s)
18:2260A.F-FELONY OFFENSE INVOLVING A MINOR BY A REGISTERED SEX OFFENDER
(2)
18:2252A.F-RECEIPT OF CHILD PORNOGRAPHY
(3)
18:2251.F-SEXUAL EXPLOITATION OF A CHILD
(3s)
18:2252A.F-POSSESSION OF CHILD PORNOGRAPHY
(4-5)
18:2251.F-ATTEMPTED SEXUAL EXPLOITATION OF A CHILD
(5s)
18:2423.F-TRAVEL WITH INTENT TO ENGAGE IN ILLICIT SEXUAL ACTIVITY
(6)
18:2260.F-FELONY OFFENSE INVOLVING A MINOR BY A REGISTERED SEX OFFENDER
(6s)
18:2252A.F-RECEIPT OF CHILD PORNOGRAPHY
(7s)
18:2252A.F-POSSESSION OF CHILD PORNO PORNOGRAPHY; and FORFEITURE ALLEGATION
(8s)
At sentencing scheduled for September 21, 2023, before United States District Judge David N. Hurd, Schaffer faces at least 35 years and a maximum term of 120 years in prison, restitution to the victim, and forfeiture of the electronic device involved in the commission of his offense. A defendant’s sentence is imposed by a judge based on the statutes the defendant violated, the U.S. Sentencing Guidelines, and other factors.
HSI and the Potsdam Police Department investigated this case. Assistant United States Attorneys Michael D. Gadarian and Adrian LaRochelle are prosecuting this case as part of Project Safe Childhood.
Outcome: 05/12/2023 83 Letter from United States as to Jerod Schaffer requesting Oral Charge on Counts 7 and 8 (Gadarian, Michael) (Entered: 05/12/2023)
05/12/2023 TEXT Minute Entry for proceedings held before Judge David N. Hurd in Utica, NY. Jury Trial as Jerod Schaffer held on 5/12/2023. 9:00am. Court in Session. Jury Enters Court. Judge Hurd reviews Jury Note No. 3 and directs the read back of pertinent portions of testimony as to question 1 and plays all of Government's Exhibit 1A-1H in response to question 2. 9:50am. Jury Exits Court. 9: 56am. Jury Note No. 4 marked. Jury Enters Court 10:40am. Court gives agreed upon charge to Jury in response to Jury Note No. 4. Jury Exits Court. 10:45am. 12:32pm. Jury Note No. 5 marked. 1:00pm. Court has written response to Jury Note No. 5 in Court Exhibit No. 8 sent into Jury. 1:29pm. Jury Note No. 6 marked, Jury Verdict. 1:50pm. JURY VERDICT (Court Exhibit No. 4): 2:00pm: Jury Enters Court. Clerk takes Jury Verdict. Jury finds that Defendant Jerod Schaffer is GUILTY as to Counts 1, 6, 7, 8 of Superseding Indictment 8:22-CR-293; Jury finds that Defendant Jerod Schaffer is NOT GUILTY as to Count 4 of Superseding Indictment 8:22-CR-293; and Jury returns no verdict as to Counts 1, 2 and 5 as to Defendant Jerod Schaffer in Superseding Indictment 8:22-CR-293. Defendant Jerod Schaffer polls the jury with all jurors concurring as to the verdict as rendered. Verdict Form is handed up and Jury Verdict is accepted by the Court. Judge Hurd discharges Jury with the thanks of the Court. 2:20pm: Jury Exits Court. Judge Hurd sets deadlines for Motion for Judgment of Acquittal, to be filed by May 26, 2023, response by June 9, 2023, and a reply, if any, by June 16, 2023 with any motions filed to be made returnable as directed by the Court. Presentence Investigation is ordered and a tentative sentencing date is set for Thursday, September 21, 2023 at 11:00am in Utica, New York. Defendant is ordered remanded to the custody of the USMS pending sentencing. 2:30pm. Court Adjourned. Appearances: Adrian LaRochelle, AUSA and Michael D. Gadarian, AUSA for the Government; John J. Gilsenan, AFPD and Randi J. Bianco, Supervisor AFPD, for Jerod Schaffer. (9:30am - 2:30pm) (Court Reporter Lisa Mazzei ) (ptm) (Entered: 05/12/2023)
05/12/2023 84 JURY VERDICT FORM (REDACTED) as to Jerod Schaffer (1) Guilty on Count 3s,6s,7s,8s Jerod Schaffer (1) Not Guilty on Count 4s. (ptm) (Entered: 05/12/2023)
05/12/2023 85 Jury Notes as to Jerod Schaffer (ptm) (Entered: 05/12/2023)
05/12/2023 86 Court's Preliminary Jury Instructions as to Jerod Schaffer (Attachments: # 1 Final Jury Instructions)(ptm) (Entered: 05/12/2023)
05/12/2023 87 COURT EXHIBITS as to Jerod Schaffer (ptm) (Entered: 05/12/2023)
05/12/2023 88 EXHIBIT LISTS AT TRIAL by Jerod Schaffer (ptm) (Entered: 05/12/2023)
05/12/2023 89 GUIDELINE ORDER as to Jerod Schaffer Sentencing set for 9/21/2023 11:00 AM in Utica before Judge David N. Hurd. Government and Defendant Sentencing Memo Deadline 8/31/2023. Signed by Judge David N. Hurd on 5/12/2023. (ptm) (Entered: 05/12/2023)
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Defendant's Experts:
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