BUFFALO – The deadline to advance the federal child porn case against former Clymer Central School teacher Scott Aikens was postponed for a second time.
The U.S. Attorney’s Office Public Information Officer Barbara Burns told WNYNewsNow Thursday afternoon the rule 48(b) for Aikens is now scheduled for May 20. The date was originally scheduled for Dec. 18.
According to law.cornell.edu, a federal court may dismiss an indictment, information, or complaint if unnecessary delay occurs in presenting a charge to a grand jury, filing an information against a defendant or bringing a defendant to trial.
Aikens was charged by criminal complaint in September for child pornography possession. Aikens, if convicted, faces a mandatory penalty of 10 years in prison and a $250,000 fine.
Special Assistant U.S. Attorney Jeremy V. Murray, who is handling the case, said that according to the complaint, in late June 2018, Homeland Security Investigations in Buffalo received information that a user, identified as “EJD,” was active on a Thai based child pornography site. Investigators traced the email address utilized by “EJD” to the defendant.
A search warrant was executed in September at the defendant’s residence on Route 474 in Clymer. During the search, multiple electronic devices were recovered, including a laptop and two desktop computers. At the time that the search warrant was executed, HSI special agents observed Aikens sitting in front of his computer. According to the complaint, there were multiple images on the computer screen of young prepubescent males with their genitals exposed.
Aikens was released on bail, but placed into home confinement. Aikens is also not allowed to have contact with anyone under the age of 18 and has been told to refrain from employment and/or volunteer work where minors are involved.