4 days ago
Dunn County delay postpones Eau Claire child pornography proceeding
EAU CLAIRE — Developments in a local child pornography prosecution show how entanglements in other counties can affect proceedings.
Branden Molinaro, 24, faces five counts of possession of child pornography, along with single counts of exposing a child to harmful material and use of a computer to facilitate a child sex crime. Those charges are in Eau Claire County, where a hearing had been scheduled for Monday.
But the court postponed the hearing at the request of the defense, which wanted the hearing delayed until after Molinaro's sentencing in another case in Dunn County. The catch? The Dunn County case was reactivated by the prosecution in Eau Claire County.
In January 2023 Molinaro reached a deferred acceptance of guilty plea agreement involving charges of second degree sexual assault of a child and sexual intercourse with a child 16 or older when the offender is age 19 or older. He pleaded no contest to the latter charge in exchange for a deferred sentencing on the sexual assault charge.
Under the agreement, Molinaro could have seen the charge expunged had he stayed out of trouble for three years. The Eau Claire County charges, filed slightly more than two years later, prompted prosecutors to ask the court to revoke Molinaro's release.
Judge Luke Wagner agreed in March, sending Molinaro to the Dunn County Jail. His sentencing is scheduled for Sept. 24. The sexual assault charge is a Class C felony, which could carry a penalty of up to 40 years in prison and fines of up to $100,000.
That sentencing, in turn, could have an effect on the Eau Claire County case. Molinaro's attorney wants to see what the outcome is in Menomonie before the other case proceeds. She asked for a hearing 45-60 days after the sentencing. Court records show Judge John Manydeeds approved the request.
So why, knowing the sentencing could affect the Eau Claire County case, was a hearing set for July? At the time of scheduling that fit the sentencing, which was originally scheduled for June 9. A May motion saw it pushed back by more than three months.
The criminal complaint in the Eau Claire case says authorities got a tip from the National Center for Missing and Exploited Children about someone using Snapchat for child enticement and child pornography.
Investigators linked the account to Molinaro, who they say posed as a teen when communicating with the victims. In one conversation he sent a photo of his genitals and received the reply 'WTF IM 13.' He responded with a claim he was 15.
In all, investigators said they found more than 30 cases in which Molinaro sent pornographic images and videos to 'individuals who made comments stating they were under 18.'
When investigators spoke to Molinaro, he immediately asserted his right to an attorney. He was subsequently arrested.
