Assistant U.S. Attorney Melissa M. Marangola, who is
handling the case, stated that according to the complaint, in June 2017, the
defendant was convicted in Monroe County, NY, of Possession of a Sexual
Performance by a Child, and sentenced to serve 10 years’ probation, and
designated as a Level 1 Sex Offender.
As alleged in the criminal complaint, on December 10, 2018,
a vehicle the defendant was driving was pulled over by the Monroe County Sheriff’s
Office. Also, in the vehicle were two females, Adult Victim 1 (AV1) and Minor
Victim 1 (MV1). The three individuals were questioned about drug related
activity but released and later followed to a room at a motel in Penfield, NY.
Officers went to the room and knocked on the door. Kiwitt indicated that he was
dating AV1 but knew her to be a prostitute who belonged to another pimp known
to law enforcement. He denied any
involvement in prostitution at that time. Officers did not make any arrests at
the time.
On January 23, 2019, Rochester Police Department officers
responded to a residence in the City of Rochester for the report of a fatal
overdose involving MV1. The owner of the apartment found MV1 deceased on his
living room floor and called 911. He told officers he met MV1 through AV1, and
that the night before, he brought MV1 back to his residence to engage in
commercial sex acts with her.
Subsequent cell phone and Facebook searches uncovered
conversations between the defendant, AV1, and MV1 regarding prostitution
activities. Investigators also uncovered naked photos, some of which depicted
child pornography.
The defendant made an initial appearance before U.S.
Magistrate Judge Jonathan W. Feldman and was detained. Kiwitt is due back in
court on September 25, 2019, at 9:30 a.m.
The complaint is the result of an investigation by the
Federal Bureau of Investigation, under the direction of Special Agent-in-Charge
Gary Loeffert, and the Monroe County Sheriff’s Office, under the direction of
Sheriff Todd Baxter.
The fact that a defendant has been charged with a crime is
merely an accusation and the defendant is presumed innocent until and unless
proven guilty.