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LEWISTON — A federal complaint against a local man on a charge of possession of child pornography was dismissed in U.S. District Court in Portland.

Prosecutors filed a motion to drop the charge in favor of state prosecution and the likelihood of a plea, according to court papers. A judge agreed and ordered the case dismissed in June.

“The state Attorney General’s Office has agreed to prosecute the case,” Assistant U.S. Attorney Craig Wolff wrote. “It is anticipated that the defendant will enter a guilty plea to the state offense of possession of sexually explicit materials.”

Marcel L. Bernard, 63, was charged with a Class C federal felony, punishable by not less than 10 years in prison and no more than 20 years, plus a maximum fine of $250,000.

He previously had been convicted of sexual abuse of a minor, according to documents filed in U.S. District Court.

Prosecutors said their case stemmed from a sting aimed at patrons of child pornography. Investigators searched Bernard’s home and found “numerous VHS tapes, four Super 8 reels, printed photos of young children in the nude” and a letter addressed to Bernard from the undercover operation as well as one he addressed to the operation.

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In a sworn affidavit, investigators said Bernard had been a subscriber to a certain video club that was “a known commercial distributor of child erotica and child pornography.”

In federal court papers, prosecutors asked that the complaint against Bernard be dismissed “without prejudice,” so they could charge Bernard again, “should the defendant’s anticipated prosecution in state court not occur.”

A clerk at Androscoggin County Superior Court said Thursday there were no pending charges against Bernard in that court.

Bernard’s passport, which he had been ordered to surrender, has been returned, court papers said.

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