Local resident arrested on child pornography charges

(Editor's Note: Reporting on this story was delayed due to a hacking attack on Washington state's court reporting system.)

Point Roberts resident Morgan Shane Bernd, 55, was arrested October 30 on multiple charges related to possession and distribution of child sexual abuse materials. He faces 19 criminal counts.

According to court documents filed April 24, 2024 in Whatcom County Superior Court, the investigation began when Microsoft reported suspicious uploads to the National Center for Missing and Exploited Children. After obtaining search warrants for both subscriber information from Whidbey Telecom and Bernd's residence, sheriff's deputies arrested Bernd during a traffic stop. 

The probable cause affidavit states that during the arrest, Bernd admitted to viewing child sexual abuse materials daily. He acknowledged knowing the subjects were underage, reportedly stating, "You can tell."

The affidavit details 17 images found on Bernd's computer depicting victims estimated between 3-11 years old. The materials allegedly included both exploitative nudity and explicit sexual acts involving prepubescent females and adult males. According to the affidavit of probable cause, the computer held "thousands of images depicting children engaged in sexually explicit conduct, as defined in [RCW] 9.68A.70."

Bernd faces multiple felony charges under Washington state law, including:

• Seven counts of possessing sexually explicit depictions of minors
• Seven counts of dealing (distributing) such materials
• Five additional possession-related counts

The charges include both first- and second-degree offenses. Maximum penalties could reach 105 years in prison and $290,000 in fines if sentenced consecutively. However, for a first-time offender, typical sentences range from 3-5 years with concurrent terms, mandatory sex offender registration, supervised release, counseling requirements, and restrictions on internet use and contact with minors.

Bernd remains in custody, unable to post the required $100,000 bond or $10,000 cash bail. He is represented by public defender MaryKate Trainor. While a trial date is set for December 30, 2024, such dates are often subject to change.

All defendants are presumed innocent until proven guilty in court.