Todd O'Brien, 25, of 115 Arnold Drive, town of Ulster, was indicted on three counts each of promoting an obscene sexual performance by a child and possessing an obscene sexual performance by a child, 35 counts of promoting a sexual performance by a child and one count of possessing a sexual performance by a child, all felonies; and five counts of obscenity and one count each of endangering the welfare of a child and sexual abuse, all misdemeanors.

He faces up to seven years in state prison for the most serious charge, promoting an obscene sexual performance by a child, if convicted.

O'Brien was a band instructor for about five years at Kingston High School and was suspended in May 2001 after town of Ulster police began investigating an allegation by a female student at the school that O'Brien initiated sexual contact with her.

In August, after searching O'Brien's personal computer, police charged the teacher with possessing a sexual performance by a child and two counts of possessing an obscene sexual performances by a child, both felonies, and two counts of endangering the welfare of a child, a misdemeanor. Town of Ulster Police Chief Paul Watzka said police found 31,000 photographs in the computer, many of which depicted girls, believed to be 12-16 years old, in sexual situations. There also were nude photos of O'Brien, Watzka said.

Some of the images had been downloaded from Web sites and others were e-mailed to O'Brien, the chief said.

At the time of O'Brien's arrest, Watzka said the teacher had had sexually inappropriate communication with a 13-year-old girl over the Internet and received several photos of her clothed, partially nude and nude.

O'Brien's lawyer, Daniel Gaffney, said at the time that O'Brien "steadfastly maintains his innocence."

Williams said the charges of endangering the welfare of a child and sexual abuse were the result of testimony by a student, under the age of 17, who said O'Brien initiated sexual phone and e-mail conversations and then sexual contact with her.

The images on O'Brien's computer included sexual acts by and between children, as well as obscene acts by and between adults, Williams said. He would not specify what the photos showed but noted that it is illegal "to possess obscenity that community standards, as set by the grand jury, deem to be patently offensive and serving no legitimate purpose and is and of itself obscene."

There is no evidence that any of the computer images depicted Kingston High School students, but investigators are continuing their effort to identify and locate some of the subjects, Williams said.

In an ironic twist, Williams last year prosecuted the man charged with killing O'Brien's 22-year-old brother, Paul. Paul O'Brien was one of two people who died in February 2001 while riding in a car driven by Jason Stockwell, 21, of Kingston. Stockwell, who police said was driving drunk, crashed into a tree in Palenville; he eventually pleaded guilty to vehicular manslaughter and was sentenced in October to three to nine years in state prison.

Because of Williams' involvement in the Stockwell case, he turned the Todd O'Brien case over to Senior Assistant District Attorney Michael Miranda.

"I feel terrible for the parents of Todd O'Brien because they experienced the loss of their own son," Williams said. "No one said this would be easy, but it is the responsibility of this office to prosecute these acts."

O'Brien has been free on bail since shortly after his arrest.