Massachusetts man posts bail after 51 indictments of child abuse; one of the worst cases of alleged child sexual abuse judge has seen

On Tuesday, a Massachusetts man facing disturbing charges posted $100,000 cash bail, according to the District Attorney’s Office. The bail was set during an April 11th arraignment in Berkshire Superior Court based on 51 indictments of child abuse. 37-year-old Brian Warner left the Berkshire House of Corrections after posting bail and brought to the Superior Court for a GPS electronic monitoring device prior to his release.

Warner was arraigned on Thursday, April 11th, in Berkshire Superior Court. He was arraigned on 51 indictments including:

• Aggravated rape of child with force, MGL c. 265 § 22B(a)(11) (1 count);
• Rape of a child with Force, MGL c. 265 § 22A (2 counts);
• Rape and abuse of a child aggravated by age difference, MGL c. 265 § 23A(a) (2 counts);
• Indecent assault and battery on a child under 14 years, MGL c. 265 § 13B (4 counts);
• Posing or exhibiting a child in a sexual act, MGL c, 272 § 29A(b);
• Posing/Exhibiting a child in the nude or lascivious act, MGL c. 272 § 29A(a) (26 counts);
• Aggravated Indecent Assault and Battery on a child under 14 years, MGL c. 265 § 13B1/2 (13 counts); and
• Possession of child pornography, MGL c. 272 § 29C (2 counts).

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.

At the April 11th arraignment, Judge Flannery, the presiding Superior Court judge, stated on record that this was one of the worst cases of alleged child sexual abuse that he has seen. He also stated that the intent of the bail was to be greater than the Defendant’s means to post but also stated that due to the voluminous amount of anticipated discovery and motion practice that he did not anticipate that a trial would be possible to commence within the 180 days as required for a dangerousness hold.

Warner was previously arraigned in North Adams District Court on July 21, 2023. At this arraignment, Honorable William T. Rota held the defendant without the right to bail pending a dangerousness hearing. The dangerousness hearing was held on July 26, 2023, at which time Judge Vrabel ordered $100,000 cash bail which was later reduced after a petition to review the bail was filed by the defendant in the Berkshire Superior Court on July 28, 2023.  Berkshire Superior Court Judge John Agostini reduced bail to $25,000 cash bail. Warner was able to post said bail and then lived in Cheshire with his father. His last known address prior to arraignment was 70 Center Street, Adams.

On April 11th, at the time of arraignment in Berkshire Superior Court, the Commonwealth argued that a change in circumstance warranted the Court to change the bail amount and conditions. The Commonwealth presented new information surrounding the Defendant’s alleged participation in child abuse than originally presented in Northern Berkshire District Court.

This new information included allegations of:

-Greater extent of child abuse than originally presented

-Creation of child sexual abuse material (commonly referred to as child pornography)

-Possession of commercially produced child sexual abuse material including depictions of sexual assault of both male and female prepubescent children

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.  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.

Should Brian Warner be found guilty, he will face multiple life sentences as well as mandatory minimum sentences of at least 10 years.

Chief of the Child Abuse Unit, Assistant District Attorney Stephanie Illberg is representing the Commonwealth. Lead law enforcement includes the Adams Police Department and the State Police Detective Unit (SPDU), including the SPDU’s Digital Evidence Unit.