Two Tucson Men Sentenced for Possession of Child Pornography

One Defendant Had More Than 60,000 Still Images and Videos on His Computer

TUCSON, AZ—In two separate cases, a pair of Tucson men have been sentenced to prison for possession of child pornography following successful prosecutions by the U.S. Attorney's Office.

Adam Fell Berner, 47, of Tucson was sentenced to 84 months (seven years) in prison by U.S. District Court Judge David C. Bury. Berner was convicted following his plea of guilty on September 29, 2009.

An Immigration and Customs Enforcement investigation discovered that Berner had subscribed to several online services which sold child pornography images over the Internet. Financial records revealed Berner paid for these subscriptions on multiple occasions throughout 2006.

In April 2008, a search warrant was executed at Berner's residence and his computer was seized. A forensic examination of the computer revealed 59,108 still images and 7,780 videos of child pornography. Berner was arrested pursuant to a federal indictment. In addition to the first computer, Berner admitted that he possessed another computer which was found to contain over 1,000 images of child pornography.

In the second case, U.S. District Court Judge Raner C. Collins sentenced Mark Nicholas Rossi, 41, of Tucson, Ariz., to 120 months (10 years) in prison. The defendant pleaded guilty on July 12, 2010.

In November 2007, a Federal Bureau of Investigation agent in Chicago, investigating the online trade of child pornography, discovered Rossi was sharing images of child pornography via the Internet. In February 2008, a search warrant was executed at his home and his computer was seized.

A forensic examination of his computer revealed he possessed numerous video and still images of child pornography. It also showed he used the computer to download, share, and view child pornography.

"Both of these defendants contributed to the illicit child pornography industry. Crippling this illegal and aberrant industry is a top priority of my office." said Dennis K. Burke, United States Attorney. "These two cases should serve notice that we will go after anyone who engages in the possession or transfer of child pornography. I want to thank both the U.S. Immigration and Customs Enforcement and the Federal Bureau of Investigation for their work in these cases."

Angela Woolridge, Assistant U.S. Attorney, District of Arizona Tucson handled the prosecution in both cases.

CASE NUMBER: CR-09-0982-TUC-DCB

RELEASE NUMBER: 2010-252(Berner_Rossi)