Austin Wolf’s Court Date In His Federal Criminal Case Continues To Be Pushed Back

A federal judge in New York has once again granted an additional 30-day continuance in Wolf’s federal child pornography case. This is the sixth time that this has happened since his initial arrest in June 2024…

Austin Wolf started 2025 off in custody and will seemingly remain there for the foreseeable future.

Wolf’s first hearing in his federal criminal case has been delayed once again, meaning the gay porn star will continue to remain in jail awaiting the next steps. Earlier this week a federal judge in New York once again granted an additional 30-day continuance in Wolf’s federal child pornography case. The new deadline for Wolf’s preliminary hearing or indictment is Monday, January 27, 2025. This is the sixth continuance that has been granted since his preliminary hearing was scheduled in the summer.

Wolf, whose legal name is Justin Heath Smith, has been in custody since he was arrested on June 28, 2024.

Southern District of New York Magistrate Judge Barbara Moses ruled that the extension “best serves the ends of justice and outweighs the best interest of the public and the defendant in a speedy trial.” 

Editor’s note: It is worth noting that the vast majority of federal cases never actually go to trial and are pled out.

A timeline of what has happened
In June 2024 Justin Heath Smith, known by his porn star name Austin Wolf, was arrested and charged charged with one count of distribution and receipt of child pornography, and one count of possession of child pornography. The popular adult film star is accused of sending and receiving “hundreds of video of child pornography,” according to a press release from the U.S. Attorney’s Office in the Southern District of New York.

Smith was taken into custody and made his initial appearance before a judge on Friday, June 28, 2024 when a preliminary hearing was scheduled for late July. That hearing was then rescheduled for Wednesday, August 28, 2024, and then again rescheduled for Friday, September 27, 2024. In September, a federal court in the Southern District of New York granted yet another continuance, moving the deadline for Smith’s preliminary hearing or indictment to Monday, October 28, 2024. As that deadline approached a federal judge granted yet another continuance moving the preliminary hearing deadline to Wednesday, November 27. In November a federal judge in New York granted yet another 30-day continuance pushing the deadline for a preliminary hearing or indictment to Friday, December 27, 2024, according to court documents.

On Tuesday, November 27 Southern District of New York Magistrate Judge Barbara Moses ruled that the extension “best serves the ends of justice and outweighs the best interest of the public and the defendant in a speedy trial.” 

A federal judge in New York has now granted yet another 30-day continuance—marking the sixth time this has happened since his initial arrest on June 28—pushing the deadline for a preliminary hearing or indictment to Monday, January 27, 2025.

The extensions have been approved at the request of both parties
As with the previous extensions, the federal judge who approved the most recent extension did so at the request of both parties, as discussions for a potential plea deal continue. 

Assistant U.S. Attorney Getzel Berger has noted that both the defense and prosecution are continuing negotiations. Berger emphasized that the continuance serves the interests of justice and outweighs the public’s and defendant’s right to a speedy trial. 

Defense attorneys Michael Baldassare and Thomas Andrykovitz consented to the extension on behalf of Smith. Smith could of course reject the government’s motion for a continuance, which would force them to either release him from prison or proceed with the indictment, so you have to assume that their case against him is solid. 

While the negotiations continue Smith remains in custody and is currently being held in detention in Brooklyn after a judge ruled that he was a danger to the public and a flight risk. At the end of June Andrykovitz, one of Smith’s attorneys, gave a statement to The Advocate, and in addition to labeling the government’s charges as “unproven allegations,” the lawyer stated that Smith is being held in “inhumane” conditions at the Metropolitan Detention Center. Andrykovitz’s statement read:

“The government’s press release contains nothing but unproven and untested allegations against a man that is presumed innocent. Justin is thankful for the incredible support he is receiving from his friends and supporters. He is presently detained at [Metropolitan Detention Center]. It is well documented in judicial decision after judicial decision that the conditions of confinement at MDC are inhumane. Mr. Smith’s conditions are no different. The staff at MDC have already failed to provide him with his basic medications.”

In an unsealed complaint, an FBI agent said that Smith, a 43-year-old resident of New York City, sent and received hundreds of videos containing depictions of child sexual abuse via the Telegram messaging app. The videos allegedly included footage of children as young as infants being sexually abused, the DOJ said in a news release. One video allegedly depicts a 10-year-old child bound and raped by a man, prosecutors said.

There is more evidence of abuse in addition to the Telegram messaging app evidence. A search conducted in April at Wolf’s Manhattan apartment uncovered an SD card containing hundreds of illegal videos, according to prosecutors. The videos reportedly also depict minors, including prepubescent children and infants, in sexually explicit situations.

“As alleged, Justin Heath Smith received and distributed hundreds of recordings containing child pornography, including a ghastly video showing a young child bound, beaten, and raped,” said U.S. Attorney Damian Williams in a statement. “Our investigation into Smith is ongoing, and we urge anyone with information about Smith’s conduct to call the FBI at 1-800-CALL-FBI. Together with our law enforcement partners, we will relentlessly pursue those predators who victimize children and prosecute them to the fullest extent of the law.”

If convicted, Smith faces a mandatory minimum sentence of five years in prison and a maximum sentence of 20 years.

Stay tuned as we continue to follow this story in the weeks to come…