Tony's Pizzeria Unadilla

[Its about time]

Tony "Dirt-Bag" Martinucci just plead guilty!!

[the truth]

DELHI _ Americo "Tony" Martinucci pleaded guilty Tuesday in Delaware County Court to three counts of raping a pre-teen girl, one day before his state trial was scheduled to begin.

Martinucci's case has been postponed numerous times since he was arraigned on a six-count indictment on March 18, 2007.

Martinucci was in court for a Huntley hearing to determine if he was properly given Miranda warnings before he gave police a statement.

Before the hearing, Martinucci's attorney Terence Kindlon, of Albany, told Judge Donald Cerio, of Monroe County, that his client had decided to accept a plea agreement. Kindlon's co-counsel, Joseph Ermeti, was also present.

"Plea negotiations were held, and a plea offer was formulated and communicated to our client," Kindlon said. "After discussing it with his wife at the jail this morning, he has made a decision to withdraw his not-guilty plea."

Delaware County District Attorney Richard Northrup said he had agreed to accept guilty pleas to three counts of first-degree rape. He said Martinucci would be sentenced to three 15-year prison sentences, each with five years of post-release supervision, all to run concurrently with each other and his federal sentence. Martinucci will also be listed as a sex offender and will be subject to an order of protection forbidding him to contact the victim.

On June 10, 2007, Martinucci pleaded guilty to one count of production of child pornography in federal court in Binghamton.

Assistant U.S. Attorney Miroslav Lovric said Senior Judge Thomas J. McAvoy sentenced Martinucci on Jan. 11 to 300 months (25 years) in prison without possibility of parole, followed by 10 years of post-release supervision, which stipulates being listed on the sex-offender registry.

The former owner of Tony's Pizzeria and Restaurant in Unadilla was originally charged in state court with three counts of first-degree rape, two counts of first-degree sexual abuse, all felonies, and one misdemeanor count of endangering the welfare of a child.

Cerio said the sexual abuse and endangering charges would be dismissed at sentencing, which is scheduled for 1 p.m. Thursday.

As Cerio began the plea procedure, he asked Martinucci if he understood what was going on and was in the right frame of mind to go through with the plea.

"The most important thing is that I discussed it with my wife," Martinucci answered, his voice breaking as he began to cry.

Cerio asked Martinucci to verify that the alleged incidents occurred in Sidney and in the village of Franklin during the summer of 2003 and that the victim was younger than 11 at the time.

When Cerio insisted that Martinucci admit that he performed acts of sexual intercourse with the child, Martinucci hesitated, looked at Kindlon, then at Ermeti and then gazed at the ceiling before finally admitting that the acts took place.

Martinucci began to act restless and Kindlon told him he had to listen to the judge.

When the plea was complete, Cerio said, arrangements had been made with the Delaware County Probation Department to quickly update Martinucci's pre-sentence report so the sentencing could take place this week.

The victim's grandparents sat in the back of the courtroom during the proceedings. They said later that they "held their breath when it looked like he might decide not to go through with the plea.

"It's such a relief to have it over," the grandmother said.

Northrup said the family has the option of giving a victim impact statement at the sentencing.

The case began with the victim calling Martinucci in the presence of state police investigators Oct. 18, 2006, after one of her parents reported to troopers two days earlier that she had been sexually abused by Martinucci in the summer of 2003, according to an affidavit from FBI Agent James T. Lyons Jr.

Martinucci said he was "trying to teach" the girl how to have sex, according to a transcript of the call included in court records.

[truth prevails again]

Published: July 25, 2008 04:00 am
Victim's family condemns Martinucci at sentencing
By Patricia Breakey
Delhi News Bureau
DELHI _ Americo "Tony" Martinucci was sentenced Thursday, but not before the parents of the victim blasted his actions and his betrayal of their family's trust.
Martinucci, 67, was sentenced to concurrent terms of 15 years in prison on three first-degree rape charges in Delaware County Court as part of a plea deal.
He pleaded guilty Tuesday to three counts of raping a pre-teen girl, one day before his state trial was scheduled to begin.
Approximately 50 friends and family members of the victim were in the courtroom for the sentencing.
Before sentencing, Delaware County District Attorney Richard Northrup read a victim statement prepared by the victim's parents.
In part, it said: "Tony, here we go again and finally it is for the absolute last time that we make a statement to you and hopefully, the last time that we ever have to see you.
"You have caused so much sadness in our family, but the shame you have brought to yourself and your family is inconceivable.
"We have grown stronger in the last 16 months than we knew any family could ever be. It is your life that you have ruined, not ours.
"The truly pathetic thing is that, at one time, you would have been the one who would have given us strength. We always spent special occasions and holidays together with your family. You were there when we were married and you were there when we brought our daughter home from the hospital.
"Lessons have been learned that we will never forget. You said in federal court that you loved both of us and our children. Believe us when we say that children do not need your kind of repulsive love.
"We want you to know that you deserve to be where you are and you deserve to spend the rest of your life suffering alone for what you have done to our daughter.
"How quickly one brave girl can change one cowardly man's life.
"One brave girl who saved who knows how many countless other victims from your hands.
"One brave girl who didn't want the same things to happen to your granddaughters or anyone else and was willing to not only work with law enforcement, but willing to take the stand to accomplish this.
Continued.........

[truth prevails again II]

"The only thing that I can say you have done that was right is the fact that finally the truth came directly from you. Guilty.

"God may have pity on you, but we never will."

Before sentencing Martinucci, Judge Donald Cerio said, "You violated a trust placed in you by the parents of this child, your wife and family, and the trust of this young lady.

"As adults it is our duty to protect children," he continued. "We are all responsible for all children, but you violated that duty. You should have protected her."

Northrup said he had nothing to add to the parents' statement.

Martinucci's attorneys, Terence Kindlon, of Albany, and Joseph Ermeti, of Sidney, did not make any statements on Martinucci's behalf.

Martinucci said he didn't want to comment.

Cerio, a Madison County judge, said he has five children including a 10-year-old daughter, and he could not imagine anyone talking to her about adult topics or initiating sexual activities with her.

Northrup said he had agreed to accept guilty pleas to three counts of first-degree rape, which came after the case was postponed numerous times since Martinucci was arraigned on a six-count indictment March 18, 2007.

Cerio sentenced Martinucci to three 15-year prison sentences, each with five years of post-release supervision, all to run concurrently with each other and his federal sentence. Martinucci is listed as a sex offender and will be subject to an order of protection forbidding him to contact the victim until July 23, 2031.

On June 10, 2007, Martinucci pleaded guilty to one count of production of child pornography in federal court in Binghamton.

Assistant U.S. Attorney Miroslav Lovric said Senior Judge Thomas J. McAvoy sentenced Martinucci on Jan. 11 to 300 months (25 years) in prison without possibility of parole, followed by 10 years of post-release supervision, which stipulates being listed on the sex-offender registry.

The former owner of Tony's Pizzeria and Restaurant in Unadilla was originally charged in state court with three counts of first-degree rape, two counts of first-degree sexual abuse, all felonies, and one misdemeanor count of endangering the welfare of a child.

The case began with the victim calling Martinucci in the presence of state police investigators Oct. 18, 2006, after one of her parents reported to troopers two days earlier that she had been sexually abused by Martinucci in the summer of 2003, according to an affidavit from FBI Agent James T. Lyons Jr.

Martinucci said he was "trying to teach" the girl how to have sex, according to a transcript of the call included in court records.

[Its about time]

As the aunt of the courageous victim in this case, I would like to publicly tell her how proud her uncle and I are of her.
Although something horrible happened to her, she stayed strong, fought for, and finally won some justice for her and her family. Her bravery and strength are qualities that many adults, if put in the same situation, could not muster.
Her willingness to do whatever it took to put that worthless, scum-bag predator behind bars should be commended and serve as an inspiration to other victims of similar crimes.
Every one should thank her for doing her part in protecting other children in our community!

[Betrayed in Unadilla]

You are absolutely right she is one brave girl and will no doubt grow to maturity helping other people. Tell her the whole village and community thanks her for her honor and sacrifice!

I say now as I have said in the beginning - the pain of the rest of us have witnessed cannot match her pain - but Tony's actions have abused us all - taken our trust, and he has lived the low life of a total hypocrite ... and the definition of a hypocrite is: "a person who pretends to have virtues, moral or religious beliefs, principles, etc., that he or she does not actually possess." That is Tony and his supporters all the way. I hope he never gets out.

[Shocked to the bone]

I have known Tony my whole life. In fact, I used to love his pizza but now me and my family do not set foot in that pizzeria. i was told that if we stay in unadilla my little sister would get raped. And the fact that he got let out, now thats bull crap. he better be on, like, maximum probation. watched every second of the day. and Betrayed in Unadilla, you said you spoke with a tenant what was their name? I'm so disappointed. does anyone know the name of the girl who tony raped? if so, please post it. i want to know!

[Shocked to the bone]

It's about time, you must hate tony sooooooooooo much.Who i really feel bad for is your niece. She might know me i used to go to unadilla school.
I know a lot for a girl who's only nine! What is her name? tell her i want to meet her.
And don't worry, you can trust me!!! I swear on my life i am only a nine year old girl.
I hate tony too!

[shocked to the bones mom]

i am totally speechless!

[shocked to the bone]

Thrilla wrote:

fk that ho and fk u

you have horrible language. is somebody doing an experiment on your head? or do just not have a brain? wait i have it! you don't have hands so you type with your teeth!

[shocked to the bone]

Shocked to the bone wrote:

It's about time, you must hate tony sooooooooooo much.Who i really feel bad for is your niece. She might know me i used to go to unadilla school.
I know a lot for a girl who's only nine! What is her name? tell her i want to meet her.
And don't worry, you can trust me!!! I swear on my life i am only a nine year old girl.
I hate tony too!

So were you a victim to?

[shocked to the bone]

no but i would have told him to take me instead of her.

[garbage]

shocked to the bone wrote:

no but i would have told him to take me instead of her.

look in the yellow pages I'm sure there are counselors that could help you