Point Roberts resident Morgan Bernd, 55, was found guilty and sentenced to 61 months in prison for three counts of possession of depictions of a minor engaged in sexually explicit conduct in the first degree. Bernd was arrested on October 30, 2024 after 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 Affidavit of Probable Cause (AFC)states that during the arrest, Bernd admitted to viewing child sexual abuse material daily. He acknowledged knowing the subjects were underage, reportedly stating, “You can tell.”
He originally faced 19 charges but this was amended to the three charges listed above. Investigators found thousands of images depicting graphic sexual activity involving minors, some as young as three years old.
Judge Lee Grochmal agreed with the prosecutor’s sentencing recommendation of just over five years in prison, followed by three years’ community custody. He will undergo sexual deviancy treatment in prison and must register as a sex offender along with prohibitions against possessing devices capable of accessing the web or being around minors.
Archer mistrial
According to the Whatcom County Superior Court clerk, the trial against Jason Archer of Point Roberts ended in a mistrial and will need to be re-heard. No reason was given. Archer, 60, was on trial for child molestation in the 2nd degree, a Class B felony. The penalties include:
With no prior criminal history, the standard sentencing range is 15-20 months in prison but Class B felonies carry a maximum of up to ten years in state prison
Inmates can earn 33 percent good time credit
Fines up to $20,000
Mandatory registration as a sex offender for 15 years.
Mandatory registration as a sex offender for 15 years
Judge Evan Jones had issued instructions to the jury on October 27 and the mistrial was declared after that.
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