Oak Bluffs man arraigned on child pornography charges
Photo courtesy of Dukes County Sheriff's Department
Updated 4:30 pm, April 10
Edgartown District Court Judge H. Gregory Williams ordered Josemar Boldrini, 43, held on $200,000 bail, after his arraignment Friday, April 6, on child pornography charges.
State Police arrested Mr. Boldrini on Wednesday, April 4, at his house on Worcester Avenue in Oak Bluffs. Cape-based members of the Internet Crimes Against Children Task Force discovered hundreds of stored computer images of nude children between the ages of 5 and 12 years of age during a search of his room, according to court documents.
His arrest was part of "Operation Corral," a state-wide "internet shareware interdiction effort where the defendants are alleged to have offered images on their computers for distribution and did distribute images," according to a press release the office of Cape and Islands District Attorney Michael O'Keefe issued Tuesday that announced the arrest of Mr. Boldrini and Dustin Hastings of South Harwich.
In Edgartown District Court Friday, court officials, lawyers, and Mr. Boldrini gathered at the judge's bench for the arraignment, where they could hear a Portuguese interpreter who participated in the arraignment by telephone.
State Police Sgt. Jeff Stone asked the judge to set bail for Mr. Boldrini at $100,000. Ryan Searle, the court appointed attorney for Mr. Boldrini, argued for bail of $200, which, she said, was all the money Mr. Boldrini, a Brazilian native, had.
Sgt. Stone said Mr. Boldrini owned no property or vehicles on the Island and has no family here.
Mr. Boldrini told the court that he has lived on Martha's Vineyard for nine years. Police allege that he used several false identities during that time.
Sgt. Stone also told the judge that Immigration and Customs Enforcement (ICE) has issued a detainer, ordering Mr. Boldrini held in custody because ICE has started an investigation to determine whether he should be deported.
"If he was to make bail, he would be deported to Brazil," Sgt. Stone told the court. "It would be almost impossible to get him back to face these charges."
The court entered pleas of not guilty for Mr. Boldrini on one charge of distributing nude pictures of children. He also faces a charge of one count of possessing child pornography.
Mr. Boldrini spoke only twice, once to correct the amount of time he has lived on Martha's Vineyard, and once to ask the court if he could ask a question. His attorney advised him it would not be in his best interest to do so.
Judge Williams ordered Mr. Boldrini to return to court on Friday, April 13, for a pre-trial conference.
No license needed
The investigation of Mr. Boldrini began when a member of the Massachusetts Internet Crimes Against Children Task Force contacted State Police trooper Robert Smith, assigned to the Cape and Islands District Attorney's office, about pornographic images involving children tracked back to an Internet address registered to Mr. Boldini.
Trooper Smith's investigation began with a check of Registry of Motor Vehicle records, according to a probable cause statement filed with the court.
He said Mr. Boldini does not have a valid driver's license, but at various times in the past, there were three different operator license numbers assigned to him. His check found that while Mr. Boldrini does not currently have any motor vehicles registered, there were six registration plate numbers previously assigned to him.
"A check of Mr. Boldrini's MA RMV driver history confirmed motor vehicle violations dated back to 2004," he wrote, "and furthermore, all violations were noted to be in Oak Bluffs and Tisbury, which included several convictions for unlicensed operation of motor vehicles."
Computer detective work
Trooper Smith contacted Oak Bluffs police and Sergeant Stone and asked for their assistance in the investigation.
The afternoon of April 4, State Police arrived at 23 Worcester Avenue with a search warrant. Mr. Boldini was in the driveway. "I asked Mr. Boldrini if he understood English, and he said, 'fifty, fifty,'" Trooper Smith said.
Police requested the assistance of West Tisbury police officer Leo DeOliveira, a native of Brazil to help translate during their interview of Mr. Boldrini.
According to a description of their interview, Mr. Boldrini told police that he downloaded child pornography on his computer "every now and then."
"Mr. Boldrini was asked if he was aware of whether or not child pornography was illegal and he stated, 'I know it is,' and when he was asked if he liked it, Mr. Boldrini stated, "I don't really like it.'"
Mr. Boldrini told police he felt guilty about downloading pornography. "Mr. Boldrini indicated that he had not been involved in any sexual acts or intercourse with children," Mr. Smith wrote.
Police told Mr. Boldrini they were going to search his residence for child pornography
"Subsequent to advising Mr. Boldrini of this we continued to interview him and I asked him how many child pornography files were on his computer," Mr. Smith said.
"We continued to interview him and I asked him how many child pornography files were on his computer, and Mr. Boldrini stated 'about 20, maybe 20 files, might be a little more.'"
According to the police statement, Mr. Boldrini possessed far more than 20.
"CIO (chief information officer) Matthew Smith of the Barnstable County Sheriff's Office and Det. Kevin Connolly of the Barnstable Police department, both of whom are members of the Internet Crimes Against Children Task Force, conducted an on site forensic preview of the computer(s) and discovered hundreds of nude images of children, both female and male, ranging between the age of 5 to 12 years of age, that were either lasciviously posed exposing genitals or engaged in various sexual acts...," Trooper Smith wrote in his statement, which included graphic descriptions of the material seized.
Police seized six hard drives, 47 CDs, two additional computers, and three thumb drives for further analysis.
Police arrested Mr. Boldrini and took him to the Dukes County Jail for booking.
Mr. Boldrini shares the house he has lived in for the past seven years with another man who has rented a bedroom for the past four months, police said.
According to assessors records, the single family home is owned by Anthony Stanco, who lists a post office box address in Vineyard Haven. Mr. Stanco could not be reached for comment.