Redway resident Matthias Wilberger resolved his case before preliminary hearing yesterday to both counts. He has to register as a sex offender for lifetime.
The plea is condtioned on probation which People oppose and will argue for prison at sentencing which is scheduled for 1/26/24.
Wilberger who has 9 cases was originally charged with one count of PC311.11(a), possession of child pornography.
On August 9, Judge Kelly Neel granted the DA's motion to amend charges against Wilberger. Wilberger is charged with 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.
In that same hearing, Judge Neel said there had been no violations by Wilberger so she did not intend to remand him into custody as requested by the DA nor was Wilberger put on electronic monitoring. Mr. Okin, Wilberger's attorney argued that he does not think electronic monitoring would be feasible in Leggett. Judge Neel told the DA "If People can provide evidence Mr. Wilberger is producing images, the motion can be brought back."
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.
Deputy District Attorney Whitney Timm is the prosecutor on this case but other Deputy DAs have appeared on the case for certain hearings.
Mr. Okin had indicated he was going to have Wilberger undergo psychiatric evaluations and then meet "with the Court and counsel."
12/14 court minutes:
1/26: Sentenced and placed on probation for 5 years, 8 months.
Previous posts:
https://johnchiv.blogspot.com/2023/07/redway-transient-with-9-cases-arrested.html?m=1#more
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