A federal judge in New York has once again granted an additional 30-day continuance in Wolf’s federal child pornography case. This is the seventh time that this has happened since his initial arrest in June 2024…
via: Pride
Update 1/28/25: Austin Wolf's trial deadline has been extended again.
The U.S. District Court for the Southern District of New York has extended the timeline in the case of United States v. Justin Heath Smith, also known as Austin Wolf. Smith was arrested on June 28, 2024, on charges related to child exploitation materials and has been in custody since. The court has granted multiple extensions to allow time for discussions between Smith’s attorneys and federal prosecutors about a possible resolution. On Monday, the court approved another 30-day extension, giving both sides until February 26, to continue working on the case.
Update 12/26/24: Austin Wolf trial was delayed again.
A federal judge in New York once again granted an additional 30-day continuance in his federal child pornography case, the new deadline for his preliminary hearing or indictment is January 27. On Tuesday, Southern District of New York Magistrate Judge Barbara Moses ruled that the extension “best serves the ends of justice and outweighs the best interest of the public and the defendant in a speedy trial.” This decision marks yet another delay as prosecutors and the defense reportedly continue plea negotiations. Wolf, whose legal name is Justin Heath Smith, has been in custody since his June arrest.
Update 11/27/24: Austin Wolf will continue to spend Thanksgiving and Christmas in jail.
A federal judge in New York granted another 30-day continuance in his federal child pornography case, pushing the deadline for a preliminary hearing or indictment to December 27. On Tuesday, Southern District of New York Magistrate Judge Barbara Moses ruled that the extension “best serves the ends of justice and outweighs the best interest of the public and the defendant in a speedy trial.” This marks yet another delay as prosecutors and the defense reportedly continue plea negotiations. Wolf, whose legal name is Justin Heath Smith, has been in custody since his June arrest.
Update 10/25/24: Austin Wolf’s first hearing in his federal criminal case has been delayed once again.
Austin Wolf will remain in jail as his case grinds on. A federal judge has granted yet another continuance—marking the fourth time this has happened since his initial arrest on June 28—moving the preliminary hearing deadline to November 27, according to court documents. This latest extension follows a request from Assistant U.S. Attorney Getzel Berger, who sought additional time for plea negotiations with the defense counsel’s consent. Wolf's attorney, Thomas Andrykovitz, did not immediately respond to a request for comment.
Update 9/25/24:
A federal court in the Southern District of New York has granted another 30-day continuance, moving the deadline for a preliminary hearing or indictment to October 28. Magistrate Judge Katharine H. Parker approved the extension at the request of both parties, as discussions for a potential plea deal continue. Wolf, whose legal name is Justin Heath Smith, was arrested in June on federal child pornography charges and remains in custody.
In the latest filing, Assistant U.S. Attorney Getzel Berger noted that both the defense and prosecution are continuing negotiations but do not expect to reach a resolution before the previous Friday deadline. Defense attorneys Michael Baldassare and Thomas Andrykovitz consented to the extension. Berger emphasized that the continuance serves the interests of justice and outweighs the public’s and defendant’s right to a speedy trial.
Update 8/27/24:
Wolf’s court date for his preliminary hearing has been moved once more and will now take place on September 27, 2024. Both sides continue to negotiate a disposition of the case. The delay indicates that both parties are still working on a plea deal.
Update 7/20/24:
A preliminary hearing for Austin Wolf, previously set for late July, has been rescheduled. The Southern District of New York filed a 30-day continuance which was agreed to by both the defense and prosecution and presented to Magistrate Judge Tarnofsky who approved it. The new date has been set for August 28, 2024, though this is likely a sign that the defense and prosecution are working on a plea deal. It is worth noting that the vast majority of federal cases never go to trial and are pled out.
Original article:
Justin Heath Smith, the 42-year-old adult content creator known as Austin Wolf, is being held in detention in Brooklyn after a judge ruled he was a danger to the public and a flight risk. Smith faces federal child pornography charges and has been accused of sending and receiving “hundreds of videos of child pornography,” according to a press release from the U.S. Attorney’s Office in the Southern District of New York.
Court documents from the Southern District of New York allege that Wolf used the messaging app Telegram to share videos with another individual, who prosecutors say was an undercover FBI agent. A search conducted in April at Wolf’s Manhattan apartment uncovered an SD card containing hundreds of illegal videos, according to prosecutors. The videos reportedly depict minors, including prepubescent children and infants, in sexually explicit situations.
The latest on Austin Wolf’s arrest.
The Advocate contacted the U.S. Attorney’s Office in the Southern District of New York, however a spokesperson declined to comment.
On Monday, attorney Thomas H. Andrykovitz, who represents Justin Smith / Austin Wolf, told The Advocate that his client is being held in terrible conditions.
“The government’s press release contains nothing but unproven and untested allegations against a man that is presumed innocent. Justin is thankful for the incredible support he is receiving from his friends and supporters,” Andrykovitz said. “He is presently detained at [Metropolitan Detention Center]. It is well documented in judicial decision after judicial decision that the conditions of confinement at MDC are inhumane. Mr. Smith’s conditions are no different. The staff at MDC have already failed to provide him with his basic medications.”
Benjamin O’Cone, a spokesperson from the Office of Public Affairs at the Federal Bureau of Prisons (FBOP), confirmed to The Advocate that Smith is in federal custody at MDC but would not comment on Andrykovitz' specific allegations "for privacy, safety, and security reasons."
O'Cone added that the federal prison system provides essential medical, dental, and mental health services to all inmates and has an administrative remedy program for addressing inmate concerns.
What's next for Austin Wolf's criminal case.
If convicted, Wolf faces a mandatory minimum sentence of five years in prison and a maximum sentence of 20 years.
Wolf made his initial appearance before a judge on Friday, June 28, who determined that detention was necessary due to the risk of flight and the potential danger he poses. A preliminary hearing is scheduled for July 29.
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