Man Charged With Child Porn Posts $100K Bail
PITTSFIELD, Mass. — A Cheshire man charged with numerous counts of child pornography and sexual assault was released on $100,000 cash bail on Tuesday.
Brian Warner, 37, was ordered to wear a GPS monitoring device and to have no contact with the victim or their family, residence or school and no contact with anyone under the age of 18.
Warner was arraigned on April 11 in Berkshire Superior Court on 51 counts of child abuse after being indicted by a grand jury in March. He has pleaded not guilty.
At the arraignment, the commonwealth moved for a dangerousness hearing and also cash bail in the amount of $100,000 with the following conditions: GPS monitoring, no contact with the victim or their (singular victim-pronoun withheld) family, residence or school and no contact with anyone under the age of 18.
Warner had initially been arraigned in Northern Berkshire District Court in July 21, 2023, and held without bail pending a dangerousness hearing. The dangerousness hearing was held on July 26, at which time he was ordered held on $100,000 cash bail; that was later reduced to $25,000 after a petition to review the bail was filed by the defendant in the Berkshire Superior Court on July 28, 2023.
Warner was able to post said bail and then lived in Cheshire with his father. His last known address prior to arraignment was in Adams.
He was charged with counts of aggravated rape of a child with force, indecent assault and aggravated indecent assault and battery on a child under 14 years, rape and abuse, posing or exhibiting a child in a sexual act and in the nude or a lascivious act, and possession of child pornography.
The commonwealth argued at his April 11 arraignment in Berkshire Superior Court that a change in circumstance warranted a change the bail amount and conditions. Prosecutors said they had new allegations of extensive child abuse, assault and commercial production of child pornography.
The alleged possession of child sexual assault material of both genders was discovered after reviewing greater than 54,000 images on multiple devices, a subset of which was child sexual assault materials, said prosecutors. The discovery of child sexual abuse materials of both genders was discovered during the ongoing investigation since the defendant's arraignment in Northern Berkshire District Court.
According to a press release from the Berkshire District Attorney's Office, Judge Francis E. Flannery, the presiding Superior Court judge, stated that the intent of the bail was to be greater than the defendant's means to post but also noted that due to the voluminous amount of anticipated discovery and motion practice, he did not anticipate that a trial would be possible to commence within the 180 days as required for a dangerousness hold.
Should Warner be found guilty, he will face multiple life sentences as well as mandatory minimum sentences of at least 10 years.
Assistant District Attorney Stephanie Illberg, chief of the Child Abuse Unit, is representing the commonwealth. Lead law enforcement includes the Adams Police Department and the State Police Detective Unit, including its Digital Evidence Unit.
Tags: child abuse, sex abuse, sexual assault,
