Child porn charges going to fed prosecution
Schuylkill County prosecutors withdrew child pornography and other offenses against a former Gordon man, clearing the way for him to be prosecuted on a federal level.
Brian M. Tate, 34, formerly of 201 W. Biddle St., Floor 2, and now an inmate in federal prison, was charged last year with one felony count of child pornography, five felony counts of sexual abuse of children and one felony count of criminal use of a communications facility.In a letter sent to Magisterial District Judge Christina E. Hale, Frackville, Schuylkill County First Assistant District Attorney John Fegley asked that the charges be withdrawn."Our office has been informed that the United States Attorney General's Office has charged Brian Tate relative to this incident as well and they have detained him on those charges."Under the circumstances, the commonwealth wishes to withdraw its charges as not to interfere with the federal prosecution," Fegley wrote.Tate was formally charged Nov. 9, 2016, by state police trooper Anthony Reppert in connection with an investigation that began on Oct. 12, 2016, when a CyberTip was received by the Pennsylvania Internet Crimes Against Children task force.Reppert said that on Aug. 29, 2016, nine files were uploaded that were believed to be potential child pornography.The officer said he reviewed the images and confirmed they were child pornography as classified by the National Center for Missing and Exploited children.The ongoing investigation revealed that 10 additional CyberTip reports were received about the same IP address beginning on July 19, 2015, and continuing through Aug. 8, 2016, Reppert said. Then, on Oct. 13, 2016, Fegley authorized an administrative subpoena for the subscriber of the internet account, Tate, and a subsequent search warrant was approved by Magisterial District Judge James K. Reiley, Pottsville.Reppert said that an undercover Homeland Security Investigations agent had been in contact with Tate and that Tate indicated that he would like would like to have intercourse with her 6-year-old daughter. The agent arranged to meet Tate at the Staybridge Inn and Suites off Interstate 81 and took him into custody after he arrived thinking he was meeting a woman who was offering her 6-year-old daughter for intercourse.After taking Tate into custody, Reppert said, a search warrant was executed at his home that resulted in computer files being located containing child pornographic images.