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	Sex Offender Status Argued in Priest's Case By Gary Craig Star-Gazette February 9, 2007 http://www.stargazette.com/apps/pbcs.dll/article?AID=/20070209/NEWS01/702090336/1001/NEWS Rochester — A Catholic priest currently imprisoned for possession of child pornography did not intend to visit Internet sites containing pornographic images of youths, according to his attorney. Instead, the Rev. Michael Volino thought he was being directed to adult-oriented sites, said Rochester lawyer Michael DiPrima. "The sites he went to indicated (the youth in the images) were all over 18," DiPrima said after a court hearing Thursday at which he argued Volino should not be placed on the state's sex offender registry. Volino is an Elmira native and his home church is St. Anthony's in Elmira. When freed from prison in early March, Volino shouldn't be required to register as a sex offender because of a discrepancy between state and federal laws, DiPrima argued at the hearing. State Supreme Court Justice Harold Galloway reserved decision on the arguments. Volino, now 42, pleaded guilty in 2005 to possessing more than three images of child pornography on a computer at the Catholic Diocese of Rochester. When Volino was arrested, the FBI claimed in court papers that there were "hundreds" of images of child pornography in temporary Internet files on the computer, including some video clips. In an interview with authorities when arrested in 2005, Volino said he was undergoing counseling and that "he had told his counselor about his desire to view sexually explicit pictures of boys younger than 18 years old," FBI Special Agent Michael Preisser wrote in an affidavit. The court arguments Thursday did not focus specifically on the images found on the computer, but rather on a difference between federal and state laws. For an offender to be eligible for the sex offender registry, the state law requires a conviction on a federal child pornography offense to have "substantially the same" elements as the comparable New York crime. The state statute defines child pornography as images of children or teens younger than 16, while federal law sets the age at under 18. Because of that difference, and no evidence in Volino's guilty plea that the youths pictured were under 16, the priest should not be required to register as a sex offender, DiPrima said. Assistant Attorney General Emil Bove countered in court that the intent of the state Legislature was very clear — someone convicted of a federal crime of child pornography possession must register as a sex offender. Plus, Bove noted, "Mr. Volino was ordered by the federal court to register as a sex offender." DiPrima acknowledged that Volino was ordered to register as a sex offender but, he said, "Nowhere does (the order) say 'irrespective of the laws of the state.' " Volino is prepared to follow the order of the court, DiPrima said. When arrested, Volino was a priest at St. John the Evangelist Church of Greece, 2400 W. Ridge Road. He is now on administrative leave and his status as a priest will be determined once he leaves prison, Diocese officials say.
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