Former probation director pleads not guilty to indictment charging he possessed child pornography

By RICK MILLER

Olean Star

LITTLE VALLEY — Former Cattaraugus County Probation director Michael R. Sharbaugh pleaded not guilty Thursday to a 12-count indictment involving child pornography charges in Cattaraugus County Court.

Sharbaugh, 53, was indicted by a Cattaraugus County grand jury on nine counts of possession of a sexual performance by a child and three counts of promoting a sexual performance by a child.

He was led into the courtroom in handcuffs dressed in a light green striped inmate’s outfit with orange crocks on his feet.

Sharbaugh’s attorney, Frank LoTempio, who entered the not guilty plea, asked Olean City Court Judge Nicholas A. DiCerbo Jr., who is assigned to the case, to consider bail and for Sharbaugh to report to the Probation office.

First Assistant District Attorney Jessica Ungaro said she wouldn’t recommend a former county probation director reporting to people who used to work for him. She suggested $100,000 cash bail or a $150,000 bond.

LoTempio said Sharbaugh was not a flight risk. “He lived here for 53 years,” the attorney said. He would have no access to computers or cell phones capable of accessing images.

Until moving to Florida after resigning as Probation director in January, Sharbaugh had lived in Limestone.

Ungaro said a personnel complaint to the county’s human resources office led to the investigation that allegedly found images of children under the age of 16 on his county-owned laptop and cellphone and personnel cellphone.

DiCerbo asked if electronic monitoring was available and Ungaro said she would check. The judge set bail at $100,000 cash or $150,000 bond. He scheduled a conference with the two attorneys for Oct. 1.

District Attorney Lori Rieman said earlier that her office led the investigation and indicted Sharbaugh after state and federal agencies declined to file criminal charges after investigating the allegations.

The indictment had remained sealed until Sharbaugh’s arraignment on Thursday.

As a result of the human resources investigation, Shaubaugh had been placed on administrative leave, his badge and gun confiscated, he was locked out of county networks and he surrendered all county equipment.

The county legislature appointed Probation Officer Tonya Kilby to succeed Sharbaugh in late January. Sharbaugh wrote in a February Facebook posting that his resignation had been voluntary and that he fully supported Kilby.

DiCerbo was appointed to the case after County Court Judge Ronald D. Ploetz recused himself. Sharbaugh had appeared regularly before Ploetz in County Court in his role as probation director.

Ungaro declined to characterize the nine photos she presented to the grand jury which indicted Sharbaugh, who surrendered in Florida and was returned to the county two weeks ago.

New York statutes state a person is guilty of promoting an obscene sexual performance by a child, when knowing the character and content thereof, he produces, directs or promotes any obscene performance which includes sexual conduct by a child less than seventeen years of age.

A person is guilty of possessing an obscene sexual performance by a child when, knowing the character and content thereof, he knowingly has in his possession or control, or knowingly accesses with intent to view, any obscene performance which includes sexual conduct by a child less than sixteen years of age.

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(Michael R. Sharbaugh/arrests.org)