Judge Denies Reduced Bail for Convicted Sex Offender

A judge in Merrimack's district court agreed with prosecutor Melissa Kowalewski on Thursday that Merrimack resident Keith Burns poses a serious risk to the community and denied a reduced bail for the convicted sex offender arrested last week on child pornography charges.

“Bail needs to remain at $30,000 cash-only in order to protect the community and the victim from a serious and dangerous predator,” Kowalewski said.

Burns, 40, of 11 Camp Sargent Road, Merrimack, was at the court for a probable cause hearing on March 14, which he waived.

Burns is charged with seven counts of possessing child pornography and one count of prohibited use of computer services. According to court documents, Burns was found in possession of six nude photographs of someone Burns believed to be a child and one pornographic video of a child and an unidentified male. The last document alleges he used a computer to solicit nude photos from a 13-year-old girl in Oregon.

Burns and his attorney Ed Cross did make an attempt Thursday at having his $30,000 cash-only bail reduced to $15,000 cash or surety.

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Cross argued that Burns, who lives on a fixed income, has very little chance at posting a bail of that magnitude calling it “completely beyond his means.”

Cross argued that the court has a duty to balance the charges with the defendant's rights to remain in the community and prepare to defend himself against the pending charges in a less stressful environment. He argued that $15,000 cash or corporate surety would be a more reasonable bail.

At Valley Street Jail, “he would be confined to a cell for 23 of 24 hours a day. That does takes a toll on an individual over time,” Cross said, arguing the negative affect it would have on his client.

However Merrimack Police prosecutor Kowalewski countered that bail should remain at $30,000 cash.

“This is a situation where he's engaging in dangerous and predatory behavior that puts the community at risk,” Kowalewski said.

Burns is a tier three registered sex offender. Tier three is the most serious sex offender classification in New Hampshire.

Burns was most-recently convicted in May of 2003 of indecent exposure and lewdness and two counts of aggravated felonious sexual assault of a victim younger than 13 years old, according to New Hampshire's sex offender registry.

Kowalewski presented that conviction as well as a handful of others during the bail hearing.

Previous convictions include:

• Aggravated felonious sexual assault – Conviction Date: 2/17/1993
• Witness tampering – Conviction Date: 2/17/1993; and
• Indecent exposure and lewdness – Conviction Date: 12/15/1992
• After his most recent conviction in 2003, he served five years in prison, Kowalewski said.

“That term ended in 2008, and here we are a mere years later with a number of serious felonies,” Kowalewski said.

His conviction of aggravated felonious sexual assault in 1993 earned him nine month in jail and a 5-10 year deferred sentence in state prison. That victim was also a 13-year-old girl, Kowalewski said.

“This is a gentleman that is a predator. He presents a serious risk to the children in this community and the victim in this case specifically,” she said.

Judge Rob Stephens agreed with Kowalewski, denying a reduced bail for Burns.

Stephens said even under house arrest, it would be difficult to monitor computer usage.

“So, I think in light of your history and my concern for the community, the state's request is reasonable so I'm going to maintain bail at $30,000 cash,” Stephen said.

Burns' case will be bound over to Hillsborough County Superior Court and a grand jury has 90 days to decide whether to indict Burns on the charges.

Merrimack Police said last week that they expect further charges to be brought against Burns once his computer devices have been forensically analyzed.