Law & Justice

State Indicts Elizabeth Man for Allegedly Possessing and Sharing Child Pornography

Burt Harvey-Martinez Credits: NJ Attorney General Office
Dimas Zuniga Credits: NJ Attorney General Office

TRENTON, NJ – Two local Union County men, one an Elizabeth resident, the other, Roselle, were indicted Jan.19 for allegedly possessing hundreds of videos and images of child pornography and offering child pornography online, Attorney General Christopher S. Porrino announced.

The Division of Criminal Justice Financial & Computer Crimes Bureau-Cyber Crimes Unit obtained separate state grand jury indictments today charging these two men:

  • Burt G. Harvey-Martinez, 35, of Elizabeth, was indicted on charges of second degree pffering 25 or more items of child pornography for distribution using a file-sharing program, second-degree distribution of child pornography, and third-degree possession of 100 or more items of child pornography.
  • Dimas Zuniga, 45, of Roselle,  who was arrested in Operation Safeguard, was indicted on charges of second-degree offering child pornography for distribution using a file-sharing program and third-degree possession of 100 or more items of child pornography.

“Both of these men allegedly joined the depraved network of criminals who share child pornography online and thereby create a market for the cruel victimization of children,” said Attorney General Porrino.  “We’re making it a top priority to lock up these offenders who exploit and harm children.”

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Harvey-Martinez was arrested on July 19, 2016 in a separate but similar investigation targeting users sharing child pornography on a file-sharing network.  Detectives of the Division of Criminal Justice downloaded several files of child pornography from an IP address traced to Harvey-Martinez. They then executed a search warrant at his residence in Elizabeth, where they seized his laptop computer, which allegedly contained numerous videos and images of child pornography.  A forensic preview of the laptop revealed approximately 1,459 files of suspected child pornography in a shared folder.  The Elizabeth Police Department assisted in the operation.

Zuniga was arrested on March 22, 2016, when agents and detectives conducting Operation Safeguard executed a search warrant at his residence in Roselle.  It is alleged that a detective of the New Jersey State Police previously had downloaded videos of child pornography from a shared folder at an IP traced to Zuniga.  During the search, detectives seized computer equipment belonging to Zuniga, including a hard drive that allegedly contained approximately 350 files of child pornography.  The Roselle Police Department assisted in the operation.

The defendants will be arraigned in Union County Court at a later date.  Meanwhile, both defendants remain in the Union County Jail, with bail set at $75,000 for Harvey-Martinez and $50,000 for Zuniga. 

The indictments are merely accusations and the defendants are presumed innocent until proven guilty.


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