Stephen Surette, 50, of 23 Allen Road, is scheduled for probable cause hearing July 26 in Lynn District Court on nine counts of child pornography.

"I'm a little surprised they made the decision to go forward with the case in Salem Superior when the forensic exam of the computer isn't complete," he said.

"It's an ongoing investigation and the forensics exam is ongoing. We haven't ruled out the possibility additional charges may be filed," Madigan said.

"When you put in a search word you get a whole list of files with the same name. It's easier to download the files in one batch and then look for the one you want on your own computer. If he downloaded 50 files he might have only looked at a couple," he said.

Twohig said Surette is on paid leave from his job as a fifth-grade reading teacher at the Forestdale School in Malden pending the resolution of the case.

According to information presented by prosecutors at his arraignment, Surette, who was using the screen name ssmil123, has two children, who are 11 and 13.

At Surette's arraignment last month, Assistant District Attorney Michael Sheehan said Surette had a pornographic image of a girl, who was identified as an actual victim by the Center for Missing and Exploited Children.

At the arraignment Sheehan said Surette told police he wasn't supposed to be drinking but that he likes to drink and look at pornography on Sunday. He allegedly told police he has been drinking and looking at porn for five or 10 years.

According to the prosecutor, German officials were working with federal agents from Immigration and Customs Enforcement on a child pornography case and Surette's arrest was a result of that investigation.

At the arraignment last month, Judge Ellen Flatley told Surette he could not use or access a computer, must refrain from using drugs or alcohol and is required to report to probation twice a month. He was not barred from having unsupervised contact with children.

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