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  Sex Offender List Will Include Priest
Judge Rejects Bid to Keep Volino's Name off N.Y. Registry

By Gary Craig
Democrat and Chronicle [Rochester NY]
February 17, 2007

http://www.democratandchronicle.com/apps/pbcs.dll/article?AID=/20070217/NEWS01/702170319/1002/NEWS

The Rev. Michael Volino's bid to stay off New York's sex offender registry has failed.

Volino has been imprisoned for more than a year for the possession of child pornography. His lawyer had argued in court that Volino should be exempt from the state's registry because of a discrepancy between New York laws and the federal laws under which he was convicted.

State Supreme Court Justice Harold Galloway did not buy the legal argument, however, and in a ruling issued Wednesday — and released publicly Friday — determined Volino is eligible for the registry.

Volino, 42, admitted in May 2005 to having more than three images of child pornography on a computer. Authorities said the number totaled nearly 600 and that Volino said in an interrogation by the FBI that he had a desire to view sexually explicit images of boys younger than 18.

According to court papers, some of the pornographic images found in Volino's computer were of boys between 10 and 15 years old engaging in sexual acts.

Volino is scheduled to be freed from federal prison in early March.

Volino's Rochester lawyer, Michael DiPrima, had argued that Volino should be exempt from the state registry because of the difference in state and federal statutes — namely, New York laws set younger ages for those pictured in the pornographic images to qualify as child pornography than do the federal laws.

DiPrima could not be reached Friday but said in a recent interview that Volino was ready to accept the judgment of the court. DiPrima could still appeal the judge's ruling.

DiPrima said in that interview that Volino, if he did go on the registry, would likely be classified as a "Level 1" sex offender, the level considered the least risk. There has been no evidence or even claims that Volino sexually abused children, according to federal authorities.

Still, some organizations that have contended that the Catholic Church has sheltered pedophiles have also monitored Volino's criminal case.

"We're grateful that Father Volino will have to register as a sex offender," said Barbara Dorris, of the Chicago-based Survivors' Network of those Abused by Priests, in a statement released Friday. "This step will help protect New York children and deter other New York child porn viewers and purveyors. Better safe than sorry — that should be society's mantra regarding child sex offenders."

When arrested, Volino was a priest at St. John the Evangelist Church of Greece. Volino was ordained in 1992.

He is on administrative leave from the Diocese of Rochester and his status will be determined after he leaves prison.

E-mail: gcraig@democratandchronicle.com

 
 

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