Skip to main content

Batavia man sentenced in child porn case

By Howard B. Owens

A Batavia man who admitted in federal court to storing and receiving sexually explicit images and video involving children is being sent to prison for five years.

Samuel W. Nigro, 33, was sentenced today in U.S. District Court by Judge Richard J. Arcara.

Nigro was also ordered to pay $2,000 in restitution to two victims and will be on supervised release for five years after his prison term is completed.

In December 2009, the Nigro's computer was seized during the execution of a search warrant at his residence. A forensic analysis revealed a total of 5,239 images and 113 videos of child pornography stored on the computer.

Doug Yeomans

Sarah, I understand your revulsion and emotion. thinking logically, though, I wonder if he actually victimized any of the children. Yeah, I know, one can argue that if it weren't for guys like Sam Nigro, kiddie porn wouldn't happen in the first place. I simply do not agree, though. That logic is akin to blaming the gun for the crime.

The people who should be in prison are those that made the images and video available in the first place. I'm not so sure I want to foot the bill for Sam Nigro to rot in jail and for monitoring him for the rest of his life. Resources are tight so we need to conserve them and use them where they'll do the most good.

How about a penalty be placed upon offenders like Sam instead of prison time? A penalty that would require them to forfeit 10% or 20% (just examples) of their income for what would have been the duration of their prison sentence. It would be less costly to tax payers and it would force offenders to contribute financially in going after the people who actually abuse the children.

Lets reserve prison space for robbers, rapists, murderers and "hands-on" pedophiles. Prisons have early release programs because of overcrowding. I'd rather not have violent predators released to the streets early because Some pervert needs a bed.

Lets not think with emotion. Lets think logically and with reason.

Jan 6, 2011, 12:36pm Permalink
Jason Crater

He victimized those children over and over every time he looked at the pictures and watched the videos and, despite what you say, his actions perpetuate child porn.

If there are no customers, a business closes shop.

Jan 6, 2011, 8:28am Permalink
Julie A Pappalardo

How long is he going to be in the clink?? You know, these guys always reoffend....they need to be locked up forever . Or the death penalty..why do we (the taxpayers). Have to pay for these people to exist?? Useless Eater, using up our resources .

Jan 6, 2011, 10:41am Permalink
Howard B. Owens

Julie, it is completely false that "these guys always reoffend."

In fact, "hands-off" sex offenders rarely re-offend and have a lower recidivism rate than any other crime type except murder.

http://en.wikipedia.org/wiki/Sex_offender#Sex_offenders.5B2.5D

They are also virtually no risk to ever comment a "hands on" sexual crime.

Only 1 percent of convicted hands-off offenders ever commit a hands-on offense.

http://www.sciencedaily.com/releases/2009/07/090713201446.htm

Sam Nigro will be coming back to our community someday and he should be given every chance at redemption and a productive life.

Jan 6, 2011, 11:31am Permalink
Bob Harker

Peter, I'm not sure I understand your brief comment.

Are you calling for "compassion" toward pedophiles? People who destroy innocent childrens' lives? The selfish bastards that cannot control their perverse impulses, knowing full well the emotional and physical trauma inflicted on their victims? Those that have these desires so deeply embedded within them that the severe legal sanctions do not deter them?

Is that what you're saying, Peter?

Jan 6, 2011, 11:37am Permalink
Peter O'Brien

Bob, Julie wrote this
"I will no longer respond to ignorant haters...clearly these people are incapable of thinkingfor themselves. Very obvious by the "buzz words" in Peters post.

Those words came straight from the religous right's AFA, Focus on the Family, NOM, web sites. These people are haters and need to be purged from the Republican Party before they destroy this country!"

Obviously she is a compassionate person except when it comes to something she doesn't like.

So if I don't like gay marriage and think its wrong, I am a hater and shes compassionate because she's gay.

http://thebatavian.com/blogs/howard-owens/todays-poll-do-you-believe-ba…

Jan 6, 2011, 11:59am Permalink
Doug Yeomans

He looked at pictures and video which in itself doesn't make him a danger to anyone.

Jason, with your logic, should we close banks? I mean, if banks didn't exist, there wouldn't be bank robbers. Are banks responsible for people robbing them? Are guns the problem when someone uses one in a crime?

Like I said, lets think with logic and facts, not emotion.

Jan 6, 2011, 12:33pm Permalink
Jeffrey R. Bartz

Do you consider yourself to be a good person?
I'm betting that if you rank among those taking their jabs at Sam, you consider yourself to be a good person. Afterall, compared to him, you look pretty good, right?

In the Bible, Jesus masterfully exposed self-righteousness by asking a couple of questions. Have you ever looked upon someone with lust? If you are human you cannot deny doing so. Revealing the true condition of the heart of mankind before God, Jesus says that you are guilty of adultery because you've committed it in your heart. Have you ever hated someone? Most likely you have, and the Bible declares you guilty of murder because you've committed it in your heart. (See Matthew 5)

What if your heart could be projected in high definition for all to see?

The Bible leaves judgment in the hands of the law and ultimately with God. Let's leave it there. It is not our place to condemn any man. I think it wise to remember the warning, "With what judgment you judge, you will be judged" (Matt. 7:1-5).

Jan 6, 2011, 12:49pm Permalink
Jason Crater

Posted by Doug Yeomans on January 6, 2011 - 12:33pm
He looked at pictures and video which in itself doesn't make him a danger to anyone.

Jason, with your logic, should we close banks? I mean, if banks didn't exist, there wouldn't be bank robbers. Are banks responsible for people robbing them? Are guns the problem when someone uses one in a crime?

Like I said, lets think with logic and facts, not emotion.

-By your logic, bank robbers are a bank's customers...fail.

Jan 6, 2011, 12:58pm Permalink
Jeffrey R. Bartz

I had the privilege of counseling Sam weekly for the past year, ever since his crime was exposed. I think it important to note that the support that his family, friends, and the community of Batavia has shown him has been helpful to him redirecting the course of his life. The exposure of Sam's online activity was actually a relief to him and has been the most redemptive thing that could have happened in his life. Our judicial system could not hope for a better example of a man converted out of addiction and illegal activity and leading a truly reformed life that contributes to the needs of his surroundings and our community.

Thank you, Howard, for your comments.

Jan 6, 2011, 1:02pm Permalink
Jeffrey R. Bartz

Let's also remember that Sam is a person - a person with family and friends who love him dearly.

Am I minimizing his actions? Absolutely not. But I do have at least some understanding of the destructive nature of pornography addiction and the downward spiral that it creates and the way in which it can consume a life. But for the grace of God, it could be any one of us can fall to an addiction. Given the right circumstances, "even the strong man will fall."

I happen to be Sam's brother-in-law and I am proud of him. I am not proud of his actions of over a year ago. I am proud of who he is and has become through this difficult process. It takes God rescuing and breathing life into a spirtually deadened soul to redeem a man and strengthen him to beat an addiction and take to higher ground and to lead a newfound life of purpose.

Sam, should you read this, I for one, am proud of you.

Jan 6, 2011, 1:15pm Permalink
Doug Yeomans

Posted by Jason Crater on January 6, 2011 - 12:58pm

-By your logic, bank robbers are a bank's customers...fail.

---------

Wow, just wow. I think you're the one who said Sam was a customer. (If there are no customers, a business closes shop)Which is it? Is he a customer or a criminal?

Jan 6, 2011, 1:33pm Permalink
Jeffrey R. Bartz

Julie - Incidentally, we have four boys and Sam will always be their uncle.

Should, God forbid, anything of this nature ever befall my children, undoubtedly, I would experience grief like I have never before faced. But would it manifest itself in hatred and the public berating of the perpatrator? Left to myself, probably. However, I hope that God would grant me the grace to respond maturely and appropriately - for the sake of my boys, and even for the one who would harm them.

Jan 6, 2011, 1:36pm Permalink
Julie A Pappalardo

<<< A forensic analysis revealed a total of 5,239 images and 113 videos of child pornography stored on the computer.>>>

This isn't just "porno addiction" this is KIDDIE PORN people....over 5000 (five THOUSAND) images.....of children doing SEXUAL things. VICTIMS whose lives are ruined FOREVER.... Do you honestly think that the kids in those appalling, pictures were willing participants? Do you honestly think that these children (over 5000 of them) haven't been raped (prolly daily) and/or degraded in other ways?

Some of those kids are being held in sexual slavery kind of environments after being taken (kidnapped)....

Sorry, but maybe there are victims that he actually DID do something to physically, and they are too TERRIFIED to say anything. Hopefully there isn’t, and this guy was caught before he messed up our local kids.

FIVE THOUSAND IMAGES??? Really? That isn't a "mistake” that is ruining innocent people’s lives.

Go to jail, period.

Oh, and MY kid wouldn’t be targeted at this point because she is 24…..a bit old for the kiddie porn crowd.

Jan 6, 2011, 3:17pm Permalink
Jim Rosenbeck

I am more frightened of people advocating the death penalty as penalty for possession of kiddie porn than I am frightened of the offender. Howard, you are right. Sam will be retuning to the community. Hopefully he will be allowed the opportunity to rehabilitate himself. When did we stop being a forgiving society? Sam is in my prayers. I wish him well when he returns. Jeff, Sam is a lucky man to have a brother in law and friend like you. I am proud of you for standing by him.

Jan 6, 2011, 4:11pm Permalink
Chris Charvella

`Is it he?' quoth one, `Is this the man?
By him who died on cross,
With his cruel bow he laid full low
The harmless Albatross.

The spirit who bideth by himself
In the land of mist and snow,
He loved the bird that loved the man
Who shot him with his bow.'

The other was a softer voice,
As soft as honey-dew:
Quoth he, `The man hath penance done,
And penance more will do.'

-Samuel Coleridge
The Rime of the Ancient Mariner

The back and forth here reminded me of that passage. I'd like to think a person can be redeemed. Mr. Nigro will be punished; I'm hopeful that he will take the time to punish himself properly as well. If he does that I believe he'll be able to return to society as an asset rather than a detriment.

Jan 6, 2011, 5:05pm Permalink
Tim Howe

WOW! There seems to be an awful lot of people who cant wait to have this sick person back on the streets. Tell you what, when his prison term is up, lets all get together as a community and help him get back on his feet and get him a job at a local day care center. Heck, to him that would be like being at an all you can eat buffet.

Maybe Sam will meet Gary Draper while he is in "the big house" I am sure they will become the best of friends. Awwwwwwwww how sweet. :(

Jan 6, 2011, 5:05pm Permalink
Frank Cook

This seems to be a victimless crime. Clearly whoever took the pictures should be prosecuted, but it doesn't seem to me that Sam having those photos hurt anyone. They would exist with or without him.

There's also no evidence that looking at any kind of pornographic material acts as a gateway to acting on it, in fact many studies have shown the opposite. As of now there is no causal link to be seen.

Jan 6, 2011, 11:59pm Permalink
Chris Charvella

Tim, I don't think anyone here is saying that Sam should not be punished severely. The gist I'm getting is that there's a chance for redemption and a person deserves that chance after serving his time.

Part of the reason that I fall on team redemption is that I have a fair amount of respect for Jeff Bartz's opinion. I've never met him, but I know quite a few people who place a lot of faith in Mr. Bartz. The case he's made for Mr. Nigro, particularly after spending so much time with him after his incarceration, carries a lot of weight with me.

I'd disagree with the opinion that this crime is victimless, obviously there were victims at some point and punishment needs to be meted out accordingly.

Jan 7, 2011, 12:27am Permalink
Tim Howe

Chris, I absolutely believe in redemption,repentance, and i really hope this sick person finds God...I really do, however he can serve God and turn his life around and still never see the light of day outside of prison walls again, and justice would truly be served.

I know this has been addressed above but I think it bares repeating, why take the chance, the PROBABLE chance that he could turn into a repeat offender if he only gets a slap on the wrist. Furthermore, over 5000 images and over 100 videos, do we really think that he "only" stuck to his little fantasy world and has not ever actually ACTED on what he believes to be ok in the REAL WORLD.

Pervert gets caught with kiddie porn, (God only knows what he did that no one knows about) he gets a slap on the wrist, gets put through the revolving door of the prison system and a within a year of his release his name is back on the front page, but this time a child is DIRECTLY victimized.

Same ol' sad story :(

Jan 7, 2011, 4:40pm Permalink
Chris Charvella

I guess i just don't think that 5 years in prison is a slap on the wrist. I found it to be a fairly reasonable sentence when couple with the 5 years subsequent supervision and the restitution.

Jan 8, 2011, 10:13am Permalink
Julie A Pappalardo

<<<<<Nigro was also ordered to pay $2,000 in restitution to two victims and will be on supervised release for five years after his prison term is completed>>>>

Victimless? This says that there are 2 victims. So, he obviously did something to someone.

Jan 8, 2011, 10:57am Permalink
Howard B. Owens

Tim, apparently you didn't read my post about the documented, scientific fact that people charged with this type of crime ALMOST NEVER repeat, and even less often turn to a hands-on type of crime.

It is a terrible, terrible waste of taxpayers money to lock up people for long period's of time when there is every reason to believe that once out they will not be any sort of threat to society.

The fact is, people charged with this crime often never commit any other crime again once released. They become productive, tax paying citizens.

I know Sam, I know his family. I believe he will come out of prison as a person who can make a solid contribution to our community. I believe he should be given that chance.

Jan 8, 2011, 12:12pm Permalink
Kyle Couchman

Tim you kinda strike me as a person who talks about something but then when you continue speaking you contradict yourself.

If you believe in God and his word then you know that when you make a judgement on someone, you are usurping an activity that God reserves for himself. So I find it disingenuous for you to say you believe in redemption and repentance unless its jusr for yourself. Yes this man did wrong and a duly appointed judge and /or jury will be presented with ALL the known facts which you and I dont have. Then they will do the solemn duty of making a decision.

As well as God saying judgement is his alone, he also says hate the sin, love the sinner. If you were driving down the road, and swerved to miss a squirrel or a cat or other such animal but go into the oncoming path of a family and kill them all. Wouldn't you want all the facts considered or would you want people who just know that you killed a family, making snap judgements and wanting you locked away for life. Life is NEVER black and white..... so just consider that for a bit.

Jan 8, 2011, 3:32pm Permalink
Jeffrey R. Bartz

Restitution was paid in this case because two young ladies who were photographed by someone else sought restitution from all parties who viewed the material. "Restitution" does not necessarily mean that there was physical contact with anyone.

Jan 8, 2011, 8:16pm Permalink
C. M. Barons

It should be noted; a significant amount of computer accessible porn is sourced from foreign nations- notably, Eastern Europe and Southeast Asia. ...That neither diminishes the suffering of the victims, nor does it absolve the guilt of those who perpetuate a market for such material.

Also worth noting: those who access porn are satisfied to vicariously fulfill their appetite rather than actively satisfy fetishes, penchants or curiosity through human contact. In other words- pictures are not a substitute. A rapist would not be deterred by pictures depicting rape, nor would a pedophile be deterred from pursuing children.

Those who get their kicks via pictures, videos and printed material are not self-administering an avoidance program. They are behind closed doors, restrained by awareness of right and wrong or possible penalty- however in denial over the victimization of those coerced into performing for the producers of such material. As others have pointed out- the embarrassment and notoriety associated with exposure curtails most porn addicts' determination.

As much as drying up the market for child-porn is worthwhile, exerting maximum jail time to punish porn addicts is an excessive use of resources and does little to protect victims of sex crimes. The porn market is global, and the few countries that restrict pornography have minimal impact on the profitability of sexual images.

Our resources would be better applied to fixing loopholes in existing sex crime law to keep violent sex criminals behind bars or in treatment. The recent news series in the Rochester D & C expounded on the need to strengthen such laws. The deviant who violently imposes his/herself on others should be the prime focus of law.

Americans might also address hypocrisy by boycotting television programs, clothing manufacturers and other industries that pander youth sexuality. 'Sexy' is defined by culture. One cannot blame deviants for (yes, the example is dated) a 15-year-old Brooke Shields declaring, "You want to know what comes between me and my Calvins? Nothing."

..As far as redemption, repentance and divine judgment- the waiting period notwithstanding, I question the value to victims, if any. ...Maybe if indulgences were sold and the profits directed to abuse recovery?

Jan 9, 2011, 2:19pm Permalink
Tim Howe

Kyle, you are absolutely right with everything you say, (except for me contradicting myself...LOL) however we do need to be a society of LAW, and that law is meant to protect the innocent. There is nothing wrong with being a little proactive in some types of offenses as well. I guess that was the main point I was trying to get across, the proactive part :)

Jan 9, 2011, 10:25am Permalink
Bea McManis

Doesn't sound like you are really agreeing with Kyle at all.

Posted by Tim Howe on January 6, 2011 - 5:05pm

Maybe Sam will meet Gary Draper while he is in "the big house" I am sure they will become the best of friends. Awwwwwwwww how sweet. :(

Posted by Tim Howe on January 7, 2011 - 4:40pm
however he can serve God and turn his life around and still never see the light of day outside of prison walls again, and justice would truly be served.

Jan 9, 2011, 10:30am Permalink
Tim Howe

Well liberal Bea, the first line you quoted was just me being sarcastic, and the second line basically means that we still need to be a society of law, order and protection, in a "proactive" kind of way. Come on Bea you liberals love that word, I am reaching across the aisle here :)

Jan 9, 2011, 12:31pm Permalink
C. M. Barons

If we were living in a theocracy (which we are not) I suppose interpretations of the Bible regarding the relevancy of civil law would matter...

"There is one lawgiver that is able to save and to destroy," 4, James, 12.

This quotation has been interpreted in various ways- the most literal to presume judgment exclusive to divinity. The emphasis is on the distinction: the Biblical god is able to SAVE as well as destroy. This is a spiritual distinction in terms of conscience. It does not advise humankind to be lawless or without civil judges. It may, however, rebuke the kind of petty judgments one person imposes upon another. You know- the stuff we do so well, here on The Batavian.

Jan 9, 2011, 1:46pm Permalink

Really can't believe many of the comments here. Child pornorgraphy is NOT a victimless crime, it is the visual depiction of felony sexual assaults committed against children. Moreover, these children are victimized all over again every time their image is traded, looked at, or someone is masturbating to their image. Do you really think having over 5,000 photos and over 130 movies of children being victimized does not indicate a lot more than someone who was just curious? What do you think he was doing with all this material? Do you really not think he is likely to further act on such interests? Ask yourself if you would ever want to see even one of such images let alone thousands. While this person was not arrested for more, the liklihood that there was more going on or likely to happen is great. I understand those knowing or being family wanting to protect this offender, as that reaction is normal, but is NOT deserved. As far as studies supporting contentions that these people do not repeat offend, I have no idea where you got that misguided info. Fact is, that such offenders usually have hundreds of victims and re-offend many many times. I would refer you to contact the National Child Protection Center at 507-457-2890 for real studies on such matters and not material that most likely was put out by those thinking that Child Pornography is perfectly ok. Those who think this is a victimless crime should stop asking the perpetrators, and start asking the victims.

Jan 19, 2011, 5:29pm Permalink

Authentically Local