Man Charged With Child Porn Posts $100K Bail

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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,   

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Pittsfield Council Endorses 11 Departmental Budgets

By Brittany PolitoiBerkshires Staff

PITTSFIELD, Mass. — The City Council last week preliminarily approved 11 department budgets in under 90 minutes on the first day of fiscal year 2025 hearings.

Mayor Peter Marchetti has proposed a $216,155,210 operating budget, a 5 percent increase from the previous year.  After the council supported a petition for a level-funded budget earlier this year, the mayor asked each department to come up with a level-funded and a level-service-funded spending plan.

"The budget you have in front of you this evening is a responsible budget that provides a balance between a level service and a level-funded budget that kept increases to a minimum while keeping services that met the community's expectations," he said.

Marchetti outlined four major budget drivers: More than $3 million in contractual salaries for city and school workers; a $1.5 million increase in health insurance to $30.5 million; a more than  $887,000 increase in retirement to nearly $17.4 million; and almost $1.1 million in debt service increases.

"These increases total over $6 million," he said. "To cover these obligations, the city and School Committee had to make reductions to be within limits of what we can raise through taxes."

The city expects to earn about $115 million in property taxes in FY25 and raise the remaining amount through state aid and local receipts. The budget proposal also includes a $2.5 million appropriation from free cash to offset the tax rate and an $18.5 million appropriation from the water and sewer enterprise had been applied to the revenue stream.

"Our government is not immune to rising costs to impact each of us every day," Marchetti said. "Many of our neighbors in surrounding communities are also facing increases in their budgets due to the same factors."

He pointed to other Berkshire communities' budgets, including a 3.5 percent increase in Adams and a 12 percent increase in Great Barrington. Pittsfield rests in the middle at a 5.4 percent increase.

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