John Chiv: Redway man charges amend to possession of child pornography with a minor involving SM and over 600 images

Aug 10, 2023

Redway man charges amend to possession of child pornography with a minor involving SM and over 600 images

Redway resident Matthias Wilberger who has 9 cases was originally charged with one count of PC311.11(a), possession of child pornography.

He was in court yesterday for setting of preliminary, motion to reconsider supervised release by DA and motion to amend complaint filed by DA. As I reported previously, Mr. Ben Okin has been retained by Wilberger.

Deputy District Attorney Luke Bernthal appeared on the case for Deputy DA Whitney Timm. She is currently in trial.

There was no objection by Mr. Okin to the amended complaint. Judge Kelly Neel granted the motion. Count 1 is PC 311.11 (c) (1) possession of child pornography with 600 images and containing 10 or more images involving a prepubescent minor or a minor who has not attained 12 years of age; Count 2 is PC 311 (c) (2) posession of child pornography involving sexual sadism or sexual masochism involving a minor under 18.

Judge Neel said there had been no violations by Wilberger so she did not intend to remand him into custody. Mr. Bernthal requested electronic monitoring. Mr. Okin said he does not think electronic monitoring would be feasible in Leggett.

Judge Neel amended supervised release conditions to include that Wilberger cannot use any electronic devices that can access the internet including gaming consoles. He can use a phone that has no internet access.

Judge Neel declined to remand Wilberger or put him on electronic monitoring but told Mr. Bernthal "If People can provide evidence Mr. Wilberger is producing images, the motion can be brought back."

Mr. Okin said he needs time to have psychiatric evaluations of Wilberger done and then "meet with Court and Counsel." Preliminary hearing is scheduled for October 11.

10/9: At a pre trial conference, defense continuance for preliminary hearing granted. Another pre trial on 10/31. Preliminary hearing on 12/14.

10/31: Mr. Okin to meet with Detective Taylor and bring up discovery from amended complaint. Deputy DA Ian Harris appeared on the case for Ms. Timm. He believes defense has all the videos.