Cato man pleads not guilty in statutory rape case

By: The Citizen staff report

Thursday, February 26, 2009 1:38 PM EST

AUBURN - A 28-year-old Cato man pleaded not guilty in Cayuga County Court Thursday to charges that he had illegal sex with his 15-year-old baby sitter during a 13-month time span.
Cayuga County District Attorney Jon Budelmann said Brandon Giambalvo, 28, of 11247 Myers Road, is also accused of sending nude pictures of himself via cell phone and asking for pictures in return from the victim.

Budelmann said other evidence in the case includes the victim's diary, in which she wrote about the alleged incidents with Giambalvo.

Giambalvo was arrested after the victim's sister told her parents about the incidents, Budelmann said.

Giambalvo is charged with five counts of statutory rape, four counts of third-degree sex abuse, three counts of criminal sex act in the third-degree, possession of an obscene sexual performance by a child, promoting the obscene sexual performance of a child and disseminating the obscene sexual performance of a child, all felonies. Giambalvo is also charged with three counts of endangering the welfare of a child, a misdemeanor.

Giambalvo remains free on $5,000 bail.

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