Suspended Sentence and Probation in Brewster MA Child Pornography Case
Criminal Charges:
Man charged in the Barnstable District Court for:
- Distributing Material of a Child in the Nude – M.G.L. c. 272, § 29B(a)
- Possession of Child Pornography – M.G.L. c. 272, § 29C (3 Counts)
- First Responder Photograph of Scene – M.G.L. c. 271, § 51(b)
- Vandalizing Property – M.G.L. c. 266, § 126A
- Unlawful Dissemination of a CORI – M.G.L. c. 6, § 178
- Photographing and Unsuspected Nude Person – M.G.L. c. 272, § 105(b)
City, State, County and Court:
Brewster, Massachusetts, Barnstable County
Barnstable District Court
Case Overview:
The Massachusetts State Police Cyber Crime Unit and Internet Crimes Against Children Task Force received a Cyber Tipline Report from the National Center for Missing and Exploited Children on behalf of Snapchat Inc. regarding the possession and dissemination of child pornography by one of its users. Snapchat provided police with the suspected account holder’s information to include associated email, IP address, phone number, and a description of the suspected child pornographic video. Police identified the suspect as a member of the law enforcement community. Police then obtained a search warrant for the Snapchat account, which revealed extensive evidence of child pornography. In response, the man was arrested, agreed to speak with police, and made several admissions related to his conduct. His cellphone was also seized and searched pursuant to a warrant, yielding more images and videos of child pornography. The man was charged in state court with child pornography offenses, which exposed him to a 10-year mandatory minimum state prison sentence. He retained Massachusetts Criminal Defense Lawyer, John L. Calcagni III, to defend him in this serious matter.
Case Result: 18-Month Suspended House of Corrections Sentence with 3 Years of Probation
Following ongoing negotiations with the Commonwealth, Attorney Calcagni and his team were able to secure the Commonwealth’s agreement to dismiss some charges in exchange for the man’s admission to others. At sentencing, over the Commonwealth’s objection and request for an 18-month sentence in the House of Corrections, Attorney Calcagni and his team persuaded the judge to impose a suspended sentence with 3 years of probation.