Bail denied for ex-Boy Scout leader in Buffalo sex case
BUFFALO, N.Y. (AP) - A former Boy Scout leader and social worker arrested on child pornography charges is a danger to the community and must await trial behind bars, a Buffalo jurist said in denying him bail.
U.S. Magistrate Judge Huge Scott said 23-year-old Daniel Huzinec would pose a danger to the community if he was released.
Scott ruled Friday after several bail hearings. Huzinec was arrested Jan. 27 at his Buffalo home on charges of sexual exploitation of a child and possession of child pornography.
Homeland Security agents said they found child porn images on Huzinec's computer weeks after starting their investigation after downloading images from Huzinec's shared folders in a peer-to-peer network.
His lawyer, Mark Mahoney, did not immediately return a message seeking comment.
In court papers, Mahoney said his client should be able to work while the case proceeds. He also said government arguments for pretrial detention were "logically and legally flawed" and failed to show convincing proof that conditions could not be set that would ensure Huzinec would remain lawful until trial.
In ruling against bail, Scott noted that the government said Huzinec waived his rights and confessed that he downloaded child pornography to his computer and that during his involvement with an organization, he touched and took pictures of the penis of a sleeping boy.
"The allegations and admissions about using a position of trust to photograph a minor would be particularly disturbing if proven at trial," Scott wrote.
He said if the government proves its allegations, "then Huzinec's employment and community service history - with two organizations dedicated to regular contact with minors - would suggest a premeditated effort to facilitate criminal conduct."
Mahoney said Huzinec is an Eagle Scout with a psychology degree from the University of Buffalo who has worked at a group home for Children and Family Services for part of the last 18 months before recently moving to a job focused on doing background checks on foster parents.
Russel Etzenhouser, Greater Niagara Frontier area Boy Scouts of America Executive and CEO, told Buffalo's WIVB-TV that the alleged crimes do not appear to be related to Huzinec's scouting experiences but the Boy Scouts took action immediately to preclude him from further participation in its scouting program.
"The behavior included in these allegations runs counter to everything for which the Boy Scouts of America stands," Etzenhouser said.
WIVB said Huzinec has also been placed on administrative leave by Child and Family Services.